Can a child be forced to live with a parent?

Most states do not specify an age at which a child can choose which parent he or she lives with after a divorce. In general, though, courts do not ask a minor child who he or she prefers to live with after a divorce. However, teenagers may request to move in with the noncustodial parent for a variety of reasons.

How do I get the custodial parent to stop moving with my child?

Stopping a custodial parent from moving away with your child usually requires invoking the court with appropriate jurisdiction over your case. You will likely need to file a motion arguing that the move constitutes a material change of circumstances and/or that the move away is not in the child’s best interests.

What determines a child’s home state?

When deciding a child’s “home state,” the Court must determine the state in which a child has lived with a parent, or a person acting as a parent, for at least six consecutive months immediately preceding the commencement of a child custody proceeding, discounting any temporary absences.

Can I go live with my dad if my mom has custody?

If there’s no custody agreement, and your dad is your legal father, then they both have equal legal custody. Whoever has PHYSICAL custody is whoever you are with at the time. Go live with your dad right now, but have him IMMEDIATELY petition for a custody agreement.

Can I move away from my child’s father?

Under California law, a parent must provide written notice of any plan to move away with the child for more than 30 days. The nonmoving parent can file an objection to the other parent’s proposed relocation and ask a court to modify custody as a result.

Can a custodial parent move a child out of State?

In this situation, the custodial parent will likely have to go to court and ask a judge for permission to move the child out-of-state. These “move-away cases” are among the most difficult types of custody disputes.

Should a parent with primary custody be forced to move?

At the same time, should a parent with primary custody be forced to leave children with the other parent if a job necessitates a move? In Florida, judges must balance the custodial parent’s right to move for legitimate reasons with the non-relocating parent’s right to have meaningful contact with the children.

Can a parent move to another state to live with their spouse?

However, a parent who wants to leave so that they can live with their new spouse, who is employed and resides in another state, can also be a legitimate reason, at least according to case law in my state. Since Jill’s reason to move passed Part One, the court now considers Part Two of the test – the best interests of the child standard

What are the rules for relocation in child custody?

Relocation rules can be tricky for co-parents. Even for a custodial parent, moves out of state can be frowned upon if the change will limit the children’s time with the other parent. When it comes to child custody, relocation is a hot-button issue.