Legal Question in Family Law in California

Modification of Custody for 16 yo child

My 16 year old son has expressed a wish to move to Hawaii to live with me and my family. He resides in SC with his mother and a younger sibling. Per my son, his mother has become increasingly violent towards him only. Pursuant to the divorce agreement, custodial jurisdiction lies in CA. What is the best way to have custody modified? I currently have legal custody of both children but physical custody lies with their mother. Do we physically have to appear in the California courts or could we file the necessary paperwork from Hawaii? Also, at what age can my son make the decision on where he wants to live? I appreciate your assistance.

L. Jones


Asked on 7/26/01, 4:25 am

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Modification of Custody for 16 yo child

The child never gets to decide but the judge must consider his wishes. You can file from Hawaii but your chance of winning is better if you personally appear at the hearing.

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Answered on 7/28/01, 12:29 pm


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