Legal Question in Family Law in California
what happens if my daughter is 17 n doesn't want to go back with her dad n he has sole custody what are my options so she doesn't have to go back n will her wishes even b heard by the courts she's gonna b 18 in 7 mnths
2 Answers from Attorneys
Why does he have sole custody? Unless there is a good reason to the contrary, at her age, you may be able to get the court to change custody, but you would have to file an Order to Show Cause with the court, and absence a stipulation, the court would make a determination based on the "best interest" standard.
BARRY BESSER
www.besserlaw.com
If your 17 year old daughter is making a reasoned and mature request for this parenting change, the court has the obligation to weigh this factor into any determination on custody placement.
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