Legal Question in Family Law in California
Moving a Child Out of State
Both parents have 50-50 ''parenting time'' with child, 12 years of age. 50-50 schedule has been going on for about 3 1/2 years. Both parents are loving, caring and fit. Problem - one parent has exposed the child to a vacation home in another state. Child is now making comments about moving there and makes specific remarks about how the school systems work, about how much housing costs, etc. Moving parent has expressed desire to move, however, denies that he is going to do so. This denial is frankly unbelieveable and the filing of a move away motion is inevitable. Questions - what should non-moving parent be doing now to prepare for and hopefully avoid a move-away? Who determines if the child is ''mature'' enough to have a say in court? What if the child has been, in essence, ''brainwashed'' to want to move? Will the court see through it?
Scared to death of losing my baby in California.
1 Answer from Attorneys
Re: Moving a Child Out of State
If you have a true 50/50 timeshare, meaning 50% of the time with mom and 50% of the time with dad, then the court test is what is in the best interest of the child and a 12 year old will have a significant say in who he will live with. All other things being equal, the judge will listen to the child. Good Luck, Pat McCrary
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