Q: Do I need my mother's consent to live with my father in a different state?
I am a 16-year-old minor living in Washington with a family friend for about six months after being removed from my mother's household due to domestic violence concerns. There were no legal or custody agreements made regarding my current living situation. I want to move to a different state to live with my biological father, who still has his parental rights and is willing to take responsibility for me. Given that my mother still has her full rights over me, do I need her consent to go live with my father?
A: As a minor whose mother has legal rights over you, you are not free to live wherever you choose. Understanding you have been living with a friend for six-months, either your mother agrees or is not objecting to your living situation. It is possible that, if you were to move to live with your father in a different state, your mother may not object. On the other hand, if she does object she may go to court seeking an order that requires you to return. It would be very disruptive to your life to move then be forced to return not long thereafter. The better course is to obtain your mother's permission in writing with all details of your new home. The best course, however, is to obtain (through your father or mother) a new court order that places you with your father. This court order could be entered in the state where you last had a custody order.
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