Legal Question in Family Law in California

My daughter wants to move with me to Central Califrnia, in the past she has lived in southern CAlifornia with her dad, but I have moved to this area and supported her for the last 18 months, and she would like to move back to the Fresno County area with me. SHe resides with me now. She will be 16 in 6 months.


Asked on 3/08/11, 12:45 pm

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

The court will give strong preference to the desires of a child who is 15 or 16. In fact, she now has the right to appear in court to tell the judge what she wants. It is not an easy motion though. I have done several move-away motions and appeals as well as taught a seminar to attorneys about the subject. There are not slam dunk answers. You should get an attorney to assist you. Good Luck, Pat McCrary

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Answered on 3/08/11, 2:54 pm
Betty Freeman Law Offices of Betty w. Freeman

you would need to get court approval for the move away. Where is the current custody order from? Is in a southern California court? You will have to show a substantial change of circumstances which might get you the order you want. At least the court may get some input from the child. This not a given, you will have to request the child be heard or get an attorney appointed for her. Have you tried to come to an agreement with the father of the child? The court will likely approve any agreement between the parties.

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Answered on 3/08/11, 4:07 pm


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