If my son is turning 14 soon and says that he wants to move with me full-time, what are our options?

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If my son is turning 14 soon and says that he wants to move with me full-time, what are our options?

His mother says no.

Asked on October 25, 2012 under Family Law, California

Answers:

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

Answered 11 years ago | Contributor

You'll have to go to court and apply for a modification of the custody order (assuming that his mother is the custodial parent). The judge will then look at what is in the "best interest of the child". The fact is that while a child cannot decide with which parent they want to live, what they prefer is a consideration in determining just what is in their best interests. Typically, the older the child the greater the weight is given to their preference.


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