Legal Question in Family Law in California
Legal Custody
My daughter who is 12 lives with her father and my son lives with me, he is 14. Recently something has happened and I feel that my daughter needs to come back home and live with me. I feel her father is unfit and the enviroment is not good. Does she have any say in where she wants to live? Does it depend on the situation? How does that work. What do I need to do to get leagal custody of her. How do I go about it?
Thanks
Concerned Parent
1 Answer from Attorneys
Re: Legal Custody
The court will consider her desires, however, she does not have control over where she lives. The older she gets the more the court will consider her desires. You will need to file a motion or order to show cause to modify the current custody order. This can be a difficult motion and your chances of gaining custody will be much better if you have an attorney. Good Luck, Pat McCrary