Legal Question in Family Law in California

My wife and I are divorcing and she is sending her 17 year old daughter to Texas to live with her biological father. My step-daughter does not want to go to Texas: Her life and everything is here in California. Is it possible for her to choose to stay with me here in California or is she at the mercy of her mother?


Asked on 2/05/10, 3:32 pm

1 Answer from Attorneys

It is uncommon but not impossible for a step-parent to get custody in a divorce. The rights of biological parents are highly protected in the legal system. On the other hand the key standard for a custody decision is "best interests of the child." A 17 year old, especially if she is a senior in high school rather than a junior, who would be uprooted and sent out of state is certainly a situation where I would expect the court would at least seriously consider your request for custody at least through the end of the school year. This is a situation where good legal counsel will be key, particularly having a lawyer who is a frequent and well regarded advocate in the local Family Law department(s) of the Superior Court. Family Law departments can be very "clubby" places. Having counsel who is familiar to and well regarded by the judges will be very important to your credibility.

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Answered on 2/10/10, 4:11 pm


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