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?

UPDATED: Nov 15, 2012

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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


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

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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