Question:

My daughter recently told me she wants to move in with me, but the problem is she lives in another state with her mother who has refused to even allow her to visit during her summer vacation.

How can I go about getting custody since she is now older and able to express her desire for a change in the current orders?

Answer:

This is a classic example of what is referred to as a move-away case.

In most states, such as in California, a party seeking a move away must show that the move is in the best interests of the child and that there has been a substantial change of circumstances warranting the move.

A move-away case is a very nuanced area family law, as it involves very complex areas of the law.

For example, the court may look at various factors such as how your daughter is doing in school, whether or not she is even attending school, whether or not she is in danger, will a move be beneficial to the her health and development, your daughter’s maturity and/or desires and other similar items.

Since each state is different, you will need the assistance of an attorney from your local jurisdiction to guide you. A Cordell & Cordell attorney in your area would be best equipped to assist you in a move-away case.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.