Q: If guardianship is terminated, does the judge at that time decide custody? Child is 15, would he be able to choose?
I do live out of state and would want to take my son with me. Would I need to file for custody? Would I be allowed to leave state with son, without additional judgment?
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A:
If guardianship is terminated, the judge may need to make a decision regarding custody if there is no agreement between the parents. In this case, the judge will consider the best interests of the child when making a custody determination.
If your child is 15 years old, the judge may take their preferences into account when making a custody decision, but ultimately the judge will base their decision on what is in the best interests of the child.
If you want to take your son with you out of state, you may need to file for custody in the state where your son currently resides. If the other parent objects to your move with your son, you may need to go to court to obtain permission to relocate. The judge will again consider the best interests of the child when making a decision about relocation.
It is important to consult with an attorney who is familiar with the laws in the state where your child currently resides and the state where you plan to move to understand the specific requirements and procedures for obtaining custody and permission to relocate with your child.
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