Q: My friend is 16, her mom has full custody, but wants to live with her dad who is more than willing. What can they do?
Her mother is emotionally and verbally abusive along with many other toxic and negative things going on within the home environment. She wants to live with her dad, however, he doesn't have custody; he just has visitation rights. They have spoken to one another and he agrees to let her come there. What are the laws regarding this, what do they have to do in order for her to move into a safer, happier, and more healthy environment?
A: Her father needs to hire a family law attorney to file a motion to modify custody. The motion has to be filed in the jurisdiction where the order was entered giving Mom custody.
A: The mother would need to consent or a court would have to change custody. Other than that, there is nothing the child can do until she turns 18.
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