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My daughter has been wanting to live with me for some time now. Her dad is mentally abusive, he put her in a mental hospital, i just want to know if i go get her when she gets out and bring her home with me. Does she have to go with her dad if he comes to get her?
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re: What can I do?... Dad put my daughter in a mental hospital
Why is your daughter not living with you now?Originally posted by amandasoucy View Post
While you state that the father is allegedly mentally abusive, what proof do you have of that? And for what reason was your daughter placed in a mental hospital? (HINT: Just because you don't agree with Dad in his reasons for committing her doesn't mean it wasn't the appropriate action to take on her behalf.)
Is there any current court order in force regarding physical custody between you and the father? If so, where the child gets to live is governed by the court order. If you feel that the child's best interests are served by having her live with you, you either need to file for a modification of the existing order, or to seek one if such an order doesn't already exist. Note that if you are modifying a current order, you are going to need evidence of the father's alleged abuse in order to convince the court to change it."If it ain't in writing, it never happened."
"A lack of planning on your part does not constitute an emergency on my part."
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Re: What can I do?... Dad put my daughter in a mental hospital
As long as there is no order in place, your daughter may live with you. As a Mother, you have full rights to custody of your child prior to any court orders being issued. You could also file for emergency temporary orders. However, if there is already an order for custody in place that needs to be modified then you should file a Motion for modification of the order. You would have to be able to show that there has been a change in circumstances and that you having "sole" custody is in the best interest of your daughter. If there is evidence of mental/ physical abuse by your husband, the court is likely to award you sole custody.
Further, consult with an attorney to discuss the matter in further detail.Comment
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Re: What can I do?... Dad put my daughter in a mental hospital
I saw this tactic used once before for a daughter that wanted to live with the other parent. A 12-year old child was placed in an adult mental facility by her custodial parent for just this reason -- ex parte -- and in another county, at that.Originally posted by amandasoucy View Post
Your best course is to see a family law attorney so an experienced lawyer is privy to all the facts and can best prepare the proper order to get her out -- at least examined by an independent mental health professional to see if this is justified -- and also perhaps to get evidence of the abuse.
If the father has custody, the custody decree needs to be modified in order for her to be released to you. Wherever she is placed is under orders of the father and need not recognize anyone else to release her to.
You need a family law attorney and the sooner the better.Comment
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