If my wife filed for divorce and my 16 year old son wants to live with me but I’m moving across the country, will he be able to come with me?

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If my wife filed for divorce and my 16 year old son wants to live with me but I’m moving across the country, will he be able to come with me?

Asked on June 16, 2015 under Family Law, California

Answers:

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

Answered 6 years ago | Contributor

It will depend on just what, if any, court orders are in effect. If there are none, since a divorce as already been filed, you will need to go before a judge who will make the final determination as to custody; it will be based on the "best interests of the child". Many factors will be taken into consideration, especially considering the distance of the move. While not the sole determining factor, the wishes of a child (12 yeas of age or older), will be factored in; the older the child the greater the weight given as to which parent they want to live with.

At this point, you should consult directly with your attorney; if you don't have one you would be well-advused to retain a lawyer who specializes in child custody cases.


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