Q: Unmarried parents have 50/50 of a 13year old, mother wants to move out of state without dads consent for minor to leave.
Can she legally take the child out of the state? She pretty much stated there’s no decision what dad says that child made up her mind. But mother is very controlling and guilt trips daughter even on dads time constantly making daughter cry when she’s with dad. What are the steps is there any chance in fighting in court to keep daughter in ca?
A: If unmarried parents have joint custody of a 13-year-old child and the mother wants to move out of state without the father's consent, it's typically a violation of the custody agreement or court order. The father can communicate his concerns to the mother and attempt to find a mutually acceptable solution. Mediation can help facilitate discussions. If an agreement cannot be reached, the father may need to seek legal action. Consulting with a family law attorney is important for personalized advice based on specific circumstances and relevant laws.
A: When you say you have 50/50 custody, is that per court order? Or is that just how the parents are exercising their parenting plan? If it's per court order, Mom needs a court order, aka a "move-away order" before she can take the child with her on a move out-of-state. With a true 50/50 time share, Mom will likely have a hard time getting that order. Given the child's age however, her say in the matter, her thoughts and desires regarding this move will be taken into consideration. With any move-away request, the court will order a custody evaluation before the hearing on this motion takes place. Move-away cases are complex. I highly recommend you retain counsel to assist you with this.
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