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Interesting call from my daughter...

Started by I cry_ in_the_dark, May 16, 2005, 07:03:26 PM

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I cry_ in_the_dark

...in which she asked me tonite if she could divorce her dad.

What it amounts to is, she know's I've gone broke fighting him, so she wants to do this herself. She wants so bad to come back to live with me. She's ready to give up, and I'm worried about her.

1. Where can I direct her? Any advice?

socrateaser

>...in which she asked me tonite if she could divorce her
>dad.
>
>What it amounts to is, she know's I've gone broke fighting
>him, so she wants to do this herself. She wants so bad to come
>back to live with me. She's ready to give up, and I'm worried
>about her.
>
>1. Where can I direct her? Any advice?

The biggest issue is the child's age and maturity, neither of which is known to me at the moment.

If the child wants to change residences and she wishes to do so on her own motion, she could file a motion to intervene, on grounds that she wishes to change residences. Her filing such a motion would be substantial evidence of her maturity to intelligently advance her own interests, and thus would carry great weight with the court in rendering a decision.

Or, you could file a motion for a change in custody with a sworn affidavit from the child, but, either way,a psychologist/evaluator/GAL will be needed to testify that the child was not being coerced by either parent.