Legal Question in Family Law in California
My ex is threating me with kidnaping charges if I move. Our son is 14 he has chosin to live with me and my new husband and we are planning to move out of town for work.also so my son can attend a different school because he has harrassed him at school and told all of his teachers and children untrue stories of our break up so my son is uncomfortable attending this school. What are my rights and what should I do?
1 Answer from Attorneys
You don't say what your current custody arrangment is, but it seems it is shared custody of some kind. Therefore you cannot move without his consent or a court order modifying the custody order. You have stated basic facts that would constitute a "change of circumstances" allowing for review and modification of the existing order, but you have to go through channels as they say. If he won't agree to a modified custody arrangment that would accomodate your move, then you have to get court permission. Also, a 14 year old does not get to choose where to live. Their preferences are merely one of a number of factors the court must consider in finding and ordering a custody plan that is "in the best interests of the minor child."