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poison

Junior Member
What is the name of your state (only U.S. law)? nevada
my ex husband has custody of my 2 children my daughter who is 16 ran away from home cause her father was beating her she wants to be with her mother who lives in las vegas father lives in california what can mother do?
 

momofrose

Senior Member
my ex husband has custody of my 2 children my daughter who is 16 ran away from home cause her father was beating her she wants to be with her mother who lives in las vegas father lives in california what can mother do?
Mother can return said child to the father and file for a change of custody based on child claims (if they hold up)
 

Banned_Princess

Senior Member
my ex husband has custody of my 2 children my daughter who is 16 ran away from home cause her father was beating her she wants to be with her mother who lives in las vegas father lives in california what can mother do?
You can call CPS and you can call the cops but you need to return her if you have a court order that indicates she is in his custody.

Have her call the police when her dad is "beating her"

Go to the court where your order is from and request a modification once you have enough actual proof of what daughter is saying to be true.
 

LdiJ

Senior Member
my ex husband has custody of my 2 children my daughter who is 16 ran away from home cause her father was beating her she wants to be with her mother who lives in las vegas father lives in california what can mother do?
Does she have injuries from the beating? (ie proof) If so, CPS absolutely needs to be involved, immediately...and in that case I would not agree with the other's advice to automatically return her to dad.

However, if she does not have injuries from the beating, then mom needs to return her to dad and to file for custody.

A 16 year old is too old for physical punishment. Its no longer physical punishment in my opinion at 16, its domestic violence.
 

Hisbabygirl77

Senior Member
Does she have injuries from the beating? (ie proof) If so, CPS absolutely needs to be involved, immediately...and in that case I would not agree with the other's advice to automatically return her to dad.

However, if she does not have injuries from the beating, then mom needs to return her to dad and to file for custody.

A 16 year old is too old for physical punishment. Its no longer physical punishment in my opinion at 16, its domestic violence.
11165. As used in this article "child" means a person under the age
of 18 years.


11165.3. As used in this article, "the willful harming or injuring
of a child or the endangering of the person or health of a child,"
means a situation in which any person willfully causes or permits any
child to suffer, or inflicts thereon, unjustifiable physical pain or
mental suffering, or having the care or custody of any child,
willfully causes or permits the person or health of the child to be
placed in a situation in which his or her person or health is
endangered.



While you may feel spanking a child of 16 is domestic violence according to california state law it states basically spanking a child (anyone under 18) is not against the law. Of course if it goes to the point of abuse and not just spanking it is against the law. But spanking a 16 year old is not considered domestic violence. Under the law the same standards are there if the child is 6 or 16.
 

LdiJ

Senior Member
11165. As used in this article "child" means a person under the age
of 18 years.


11165.3. As used in this article, "the willful harming or injuring
of a child or the endangering of the person or health of a child,"
means a situation in which any person willfully causes or permits any
child to suffer, or inflicts thereon, unjustifiable physical pain or
mental suffering, or having the care or custody of any child,
willfully causes or permits the person or health of the child to be
placed in a situation in which his or her person or health is
endangered.



While you may feel spanking a child of 16 is domestic violence according to california state law it states basically spanking a child (anyone under 18) is not against the law. Of course if it goes to the point of abuse and not just spanking it is against the law. But spanking a 16 year old is not considered domestic violence. Under the law the same standards are there if the child is 6 or 16.
Note that I said "in my opinion". That was not a legal opinion, it was a personal one.
 

Hisbabygirl77

Senior Member
Note that I said "in my opinion". That was not a legal opinion, it was a personal one.
Oh I know I wasnt slamming you at all. I was just informing the OP that if he "spanked" the teenager he wouldnt really be doing anything illegal now if it crossed to abuse it would. :)
 

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