Legal Question in Family Law in California
Hello my boyfriend of four years has been going through a really tough separation with a minor child child involved. He is fourteen years old and is currently residing with his mother but does not want to live with her any longer. We are very excited for him to come live with us but want to make all the right decisions regarding his well being. We went to the courthouse and filed for divorce and custody last week and we are awaiting our court date for January of 2013. Our problem is we have him with us and would like to keep him with us. However we are concerned that the judge handling the case may look down on this as we would have to pull him out his school so late in the semester and enroll him in our school district. Unfortunately we are not close enough to take him to and from his current school. Please help we just want to ensure that everything runs smoothly. Thank you.
1 Answer from Attorneys
Until you get orders establishing the parenting plan, it is unwise to force the situation of having the child reside in your home. If mother is agreeable, have her sign a stipulated order for the child's placement with father. If there is a need for immediate court help before your hearing date, consider an ex parte motion requesting placement of the child in fathers care.