Legal Question in Family Law in California

Not over his objection, and you will have to modify the custody order.

Mr. McCormick is right, you would first have to modify the custody order. The court is going to want to know whether there has been a change in circumstances, and whether the modification is in the best interest of the child. Of course, the question I would ask you is whether the child is being difficult, or there is some underlying problem. I have a client whose daughter doesn't want to stay at her father's house because she doesn't like the fact that her mother is dating again, so she is being difficult in an effort to control her mother's life. This isn't a ground for a modification, it is a ground for the child to receive some discipline and some counseling.