Legal Question in Family Law in California
Children's living
My son is 14 years old and my daughter is 12 years old. They both wish to move in and live with me. What is the proper process I must follow? Can their mom prevent them from moving in with me? Do my children have the right to chose who they want to live with? I have no prior arrests or convictions.
2 Answers from Attorneys
Re: Children's living
The children do not have the "right" to choose where they will live, but the court will give consideration to their wishes. The older that the are the more weight they will receive from the judge. All other things being equal generally a 12 and 14 year old will live where they want to live. You will need to file a motion to modify the court order. I suggest that you retain an attorney on this. Good Luck, Pat McCrary
Re: Children's living
Children do not have a right to choose who they live with. However, for all practical purposes, whether they have a right or not, teenagers are going to live with whichever parent they want to. You should bring a motion to modify child custody and ask that the court mediator speak with the children. That should do it.
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