Is it true that a 15 year old child does not have to go with her custodial parent if the parent is moving out of state?

There are no issues with the non custodial parent.

Asked on November 15, 2012 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I know of no such provision. If there is a custody order in place, it must be obeyed. That being said, such an order can be modified by the court. The non-custodial parent would have to ask for a hearing and present reasons why the minor child should no be relocated. Then the court will issue an order preventing the custodial parent from moving or giving the non-custodial parent custody. However, this is not readily done. Typically courts do not like to undo custody arrangements or keep a parent from moving without compelling reasons; it would have to be shown that leaving the state would not be in the best interests of the child. At this point a family law attorney in your area should be consulted; they can best advise as to specific state law and your particular circumstances.


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