Legal Question in Family Law in California
Changing custody of my 13 yr old stepdaughter who wants to move with us
My husband has joint legal and physical custody with the mother as primary caretaker. My 13 year old stepdaughter wants to move with us or at least try it out for a year but the mother refuses. Can my stepdaughter talk with a judge and change this? If so, how? Thank you
Warmly in Christ
A concerned StepMother
3 Answers from Attorneys
Re: Changing custody of my 13 yr old stepdaughter who wants to move with us
Set up an OSC with court and discuss it with them and get the court's blessing so no hassle. The courts do not want the kids involved in hassles between parents and step parents. May want to hire attorney to handle this best.
Re: Changing custody of my 13 yr old stepdaughter who wants to move with us
The short answer to your question is a typical attorney response -- Perhaps.
In order for you to change custody it is necessary to show "changed circumstances" to the court. Because the child is 13 years old and has expressed a wish to change residence, you should file an OSC with the court seeking a change in custody. Your papers will need to be very good and you should have supporting declarations. Please speak with an attorney.
Good Luck to you!
Regards,
Damian M. Nolan
Re: Changing custody of my 13 yr old stepdaughter who wants to move with us
in order for a change in circumstances to become legally enacted in the matter at issue you inquire of, you must first file for an OSC hearing with the family law court of jurisdiction in order to present your arguments and ulimately get a court order in favor of your daughter's wishes. if you would like assistance in this matter, contact us directly today.
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