Legal Question in Family Law in California

Re: son wants to move with father

He is not old enough to determine where he will live. If mother is abusing him then action should be taken to remove him from her custody. However, you should have proof of the abuse before you take any action. Does he have bruises from her abuse or other physical evidence of abuse. If he does this should be presented to the court.

Re: son wants to move with father

Your husband should file for an OSC hearing (order to show cause) to reflect the change in circumstances and child's strong desire to live with him as opposed to the mother. The court may not consider the child's testimony at age 11, however, if there are enough facts present to show it is in the child's best interest to remain with his father at this point in life, the court will strongly consider this and modify the original custody order to reflect the father's request if successful. If you would like further assistance in this matter, contact us directly.

Re: son wants to move with father

Because you are moving to NC and want to take the child with you, you are about to engage in one of the most problematic areas of family law and child custody.

You will need to file moving papers with the court seeking custody of the child based upon changed circumstances. You will also be requesting permission of the court to take the child to reside in another state. The court will most likely order an evaluation.

Regarding taking the child's wishes into account, the court is mandated to consider the child's wishes. Obviously, the more mature the child the more weight will be given to his wishes. However, because there will most likely be an evaluation, the evaluator will definitely speak with the child and others before making a recommendation to the court.

I strongly advise you to retain an attorney to assist you in this matter as it is a fairly complex area of family law litigation.

Regards,

Damian M. Nolan