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Change of Physical Custody

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  • 08-07-2009, 11:12 PM
    jenner
    Change of Physical Custody
    My question involves a child custody case from the State of: California

    I have an existing custody order in which my ex husband & I have joint legal custody & he has physical custody of our children. My 15 year old son has told his father 3 times in the last year that he wants to live with me, but his father refuses to let him. There is no logical reason why he will not let him move with me. Since he is not willing to allow this reasonably I need to go back to court for physical custody of my son. What forms do I need to file to get physical custody of him? I have to drive an 1 1/2 hours to the court house so I want to make sure I get everything in one shot. Also, am I correct to think that my son is old enough to decide where he wants to live & the Judge will take his wishes into consideration? Thank you
  • 08-08-2009, 12:09 AM
    525601minutes
    Re: Change of Physical Custody
    You CAN fill out the order to show cause on your own but I highly suggest you get the FREE family law facilitator to help you.

    http://www.courtinfo.ca.gov/forms/fillable/fl300.pdf

    You will also need to serve the order and file the proof of service.
    And the Court can only change your existing order if it is in the best interest of the child. If nothing has changed in either living situation since the last order was issued then it is not likely the visitation will be modified.

    Before you can even go in front of the judge you will have to attend mediation with the father - so you will need to arrange for that at the courthouse as well.

    Keep in mind that child support is tied to the percentage of time the child lives with each parent along with wages etc. You might consider requesting a modification for CS at the same time as the modification of visitation.
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