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?
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.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”