Q: I'm 17 and have permission from one parent to move in with another family member. Can the other parent force me back?
My mother will let me move in with my grandma but I know my Dad will disagree. I currently live with him and can't stand him anymore with the way he treats me. If my mother gives consent do I still need his? Can he force me to come back?
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A:
Under California law, both parents generally have equal rights to make decisions regarding their minor child unless a court order states otherwise. If you are 17 and your mother consents to you moving in with your grandmother, your father's consent would typically still be required if he has joint legal custody. Without both parents' agreement or a court order, your father could potentially force you to return to his home.
However, you have the right to express your wishes to the court if the situation escalates. The court will consider your preference, especially given your age and the circumstances of your living situation.
To make a change in custody or living arrangements, you or your mother might need to file a petition with the family court. Explaining your reasons for wanting to live with your grandmother and how your current living situation affects your well-being can be crucial in these proceedings. Seeking legal advice would be beneficial to navigate this process.
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