Q: Can my child move in with me even though his mom has primary physical custody?
We have 50/50 custody, but were never married and she has primary physical custody. We all live in the same town. He's 14 and wants to live with me. Is he free to do so, or do I need to go to court first?
A: You have to go to court first. Your child does not have a free choice of where he lives until he becomes an adult at 18.
A: Your child can move in with you if both you and your ex agree. Your child cannot “decide” where to live. You and the other parent can agree, but it is best to put any modification agreement in writing. Even better would be to submit the modification to the judge to sign. There are some other things you might consider, but it is difficult to answer based upon the information provided. You may want to speak to a local attorney who can help you with your specifics.
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