Temecula, CA asked in Child Custody and Family Law for California

Q: If I have 50% leagal custody of my daughter, can she chose to stay with her dad? She is 17

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1 Lawyer Answer
Crista Marie Haynes
Crista Marie Haynes
Answered
  • Divorce Lawyer
  • Redlands, CA
  • Licensed in California

A: Unfortunately legal custody does not have to do with physical custody and/or where the child resides. Legal custody gives parents the right to share in the actual decision making when it comes to medical, dental, health, education, psychological, religious issues among others. But the physical custody and the parenting plan dictate where the child will live. However court orders are hard to be enforced upon 17 year old children who do not want to visit with one parent or another because their feelings and wishes are considered by the judge and the police officers who enforce the court orders typically do not get involved with children of that age. The best thing to do is to seek the court's assistance and request reunification therapy before the child reaches the age of majority. If you have any questions please do not hesitate to contact me at my office.

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