Legal Question in Family Law in California
Can my 13 year old son ask the courts to change who has physical custody of him?
Asked on 10/23/10, 4:59 am
2 Answers from Attorneys
No. One of the parents has to file any motion to change custody. If a parent files, a 13yo's preferences will generally be considered, among the many factors the court uses to rule on what custody order would "be in the best interest of the minor child."
Answered on 10/28/10, 8:08 am
BARRY BESSER
LAW OFFICES OF BARRY I. BESSER
Since the child is 13 the child's preference will be given some weight, however, the court will still determine if what the child wants, is in his best interest. The action, however, will have to be filed by a parent.
BARRY BESSER
www.besserlaw.com
Answered on 10/29/10, 12:31 am
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