Legal Question in Family Law in California

Custody involving relocation

I currently share custody of my 11 year old daughter with her father. I am remarrying and moving 50 miles North. I want her to stay with me and see him on the weekends he wants the opposite. She is saying she would rather stay with him so she doesn't have to change schools. At what age does the court consider a childs opinion? At 11 she is not fully aware of all the circumstances involving our divorce. He has never paid child support or provided a home where she has her own room. I have always provided this for her. Can he fight my move and win based on what she is saying she wants?


Asked on 4/02/04, 5:51 pm

3 Answers from Attorneys
Damian Nolan Law Offices of Damian M. Nolan

Re: Custody involving relocation

The answer is - it depends. I know it is a legalistic answer but there are many factors which need to be taken into account. If you are the primary custodian, then it may be a little easier for you. However, the court is mandated to take the child's wishes into account and the older and more mature the child, the greater weight will be gived to her wishes. The court will do whatever the court percieves to be in the child's best interest - not the parents!

At 11 years of age, if the child is asking to stay in her area, in the school she has always known, with the friends that she has grown up with, then, all things being equal, the father may prevail.

You should seek the assistance of counsel if you are to have any chance of success.

Good luck yo you.

Regards, Damian nolan.

Read more
Answered on 4/03/04, 5:57 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: Custody involving relocation

The court will listen to the child at any age, but the older the child the more weight the court will give the child's stated desires. Probably, all else being equal, the judge would grant an 11 year old's desire. Good Luck, Pat McCrary

Read more
Answered on 4/02/04, 8:20 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Custody involving relocation

Possibly. You should retain counsel to assist and review all.

Read more
Answered on 4/05/04, 11:18 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California