Legal Question in Family Law in California
My son is 17 and five months away from being 18. Our custody order is joint for legal and she has physical. Our son lives with his mother, but he keeps running away from his moms house, where they argue with each other all the time; and thereby being short credits to graduate. He wants to move and stay with me and go to school, this way I can manage him much better. I spoke to his mother who refuses to let him move with me to go to school, even though she wants him to get his education. She says I have physical custody and he has to stay with me. My son doesn't want to be there and is planning on running away again, until he is emancipated. I told his mother this and she says I will keep reporting him as a missing child until he is 18. I am trying to prevent this. What could I do to process something before the week is out?
2 Answers from Attorneys
Nothing in court could be done that quickly absent far more compelling need for an emergency hearing than you have described. You need to file an OSC to modify physical custody, with a request for an order shortening time for hearing and service.
You may contact the facilitators office at the family relations court house to seek assistance with preparing the needed forms, or you can hire an attorney.
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