Q: 13 yr old does not want to go w/mom bc she is 5150, mom got TRO stating she has custody. can she force him to go with he
A: A 13 year old minor is in the custody of the parent who has been given custody. This means the child goes with the custodial parent. The child has no part in the discussion of where s/he goes. However, the non-custodial parent, if there is one, always retains the right to petition a court for an order changing who the custodial parent will be based on changed circumstances which indicate the custodial parent may no longer be fit to retain custody, especially where that parent has been committed pursuant to Welfare and Institutions Code section 5150.
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