Rowland Heights, CA asked in Family Law for California

Q: My son is 15, his mom and i have joint custody. He lived with her and now he wants to live with me. What’s the 1st step?

He wants to live with me because his step father is emotionally and physically abusive.

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1 Lawyer Answer
Andy Cook
Andy Cook
  • San Diego, CA
  • Licensed in California

A: File a Request for Order ("FRO") for a change in custody. He's old enough that the Court will look at his preferences, either through a professional or, if he wants, through addressing the Court directly. (See Family Court section 3042.) The Court is not bound by his preference, but given his age, his preference is highly relevant. And, if there's abuse, the Court should grant the request automatically, since safety of the children is one of the top concerns when deciding custody and visitation.

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