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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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My granddaughter is 17 and lives in Colorado,but wants to ...

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My granddaughter is 17 and lives in Colorado,but wants to move back to Texas and live with her Mother as she lives with her Father.He has legal custody at this time.My daughter has limited funds at this time.What steps do we need to take to ensure that they can do this.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Since the father has legal custody, the only way the child can move back to mom, would be if mother files for a modification of custody and shows a change in circumstances for why a change in custody is necessary. The child cannot move on her own until the judge grants the change in custody. Again a change in circumstances which are affecting the child's best interests are necessary in order for the mother to petition the court to change custody, otherwise, the father retains legal rights until the child is an adult.

In addition any changes in custody will need to take place in the original state where the orders were issued if one of the parties is still residing there, otherwise a modification case can be heard in the current state where the child is a resident.

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