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Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2768
Experience:  associate attorney
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MY DAUGHTER WHO WAS ABANDON BY HER MOTHER IN CALIFORNIA TO

Customer Question

MY DAUGHTER WHO WAS ABANDON BY HER MOTHER IN CALIFORNIA TO LIVE IN AZ I WON FULL AND PHYSICAL CUSTODY AND JUST HAD WENT BACK TO COURT TO TO LIFT SUPERVISED VISITS FROM MOTHER AND NOW AFTER ALL MY HARD WORK MY DAUGHTER GOES TODAY THAT I WANT TO GO TO HIGH SCHOOL IN az where her mom took off too .
there is no contact with her going out of her way to comunacate tell recently ! i know my daughter wishes her mom loves her but she isnt capible of such love . i didnt change diepers and put my life on hold to have her just spend the final yrs in high school in Az to not watch my daughter who i love with all my heart just walk off cause she has this idea from her mother that i kept her from her mother ! were do i stand with 100% and physical custody which is on heard of for a man that has raised her from day
Submitted: 8 months ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 8 months ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. Pursuant to Family Code 3042, when evaluating a child’s choice regarding custody and visitation, the court must listen to a child who is 14 years or older unless the court determines that it is not in the child's best interest to do so. When a child is under the age of 14, the court must first determine whether or not it is in the child’s best interest to listen to him or her.While there is no magical significance to the age of 14, the California legislature has drawn that line at that age because the legislature believed that at age 14, the child has enough emotional maturity and capacity to reason and articulate relevant and appropriate reasons for a preference. It should not be assumed that a child’s preference, regardless of the age, will carry the day in court. Family law judges have the discretion to listen to a child’s preference but not necessarily follow every aspect of it.For example, with a child who is a teenager and older than the age of 14, the court is not required to follow the child’s preference if it believes the choice is not sincere and a means to play one parent against the other.Even in the context of a sincere choice and good reasons for a change, the court is not mandated to do change custody or visitation even if the child requests it from the court. If a child comes to court and he or she states a preference to be in the sole custody of one parent and not be required to see the other, the family court has the wide discretion to still order visitation with the other parent and can even make orders such as court ordered counseling, reunification and other remedial measures to restore the relationship between the child and the parent the child no longer wishes to visit. California Family Code 3042, subsections (a) through (d) specifically state:(a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation.(b) In addition to the requirements of subdivision (b) of Section 765 of the Evidence Code, the court shall control the examination of a child witness so as to protect the best interests of the child.(c) If the child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child shall be permitted to do so, unless the court determines that doing so is not in the child’s best interests. In that case, the court shall stateits reasons for that finding on the record.(d) Nothing in this section shall be interpreted to prevent a child who is less than 14 years of age from addressing the court regarding custody or visitation, if the court determines that is appropriate pursuant to the child’s best interests. If your child decides to petition the court for a change in custody, she can do so but their wishes are not always followed. A child at least 14 years of age has more say. As full custodial parent you do not have to allow the child to move to AZ but if your child or ex petition for this it is possible that the court will order this according to your daughter's wishes unfortunately, although this is not certain according to the court's views of the best interests of the child. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or number from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated by the site
Customer: replied 8 months ago.
I have sole physical custody !
And Legal custody ! And got her on supervised visitations and only can comunacate on family wizard cause she is always putting me down .
# ***** Abduction of a child
# ***** Drug abuse
# ***** Neglect
# ***** Emotional abuse and unstable
And she can say I want to live with her !
Customer: replied 8 months ago.
The supervised was lifted but still she has not kept her dates to take her ! But still have every thing else
Expert:  Christopher B, Esq. replied 8 months ago.
That is why you can tell her no because you do have sole custody but if your daughter and wife want to petition the court and say that the daughter wants to be in AZ, then they have a chance. The court will listen to the child's wishes if over age 14 but still must look into the best interests of the child. If this happens, this is where you will point all of the negatives out and will state that your daughter's best interest are to stay with you in CA. This is simply the law in CA and a 14 year old and older child does have a so say in the eyes of the court but it is not the end all be all. The court still has discretion to say no fortunately. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or number from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated by the site.
Customer: replied 8 months ago.
13 and will 14 in sept 30 th
Expert:  Christopher B, Esq. replied 8 months ago.
At age 13 the courts will not consider her mature enough to make a decision to go to AZ but soon she will be old enough and if a motion is brought by your ex or daughter it is POSSIBLE that the court may take in advisement that your daughter would like to live in AZ with her mother again the best interests of the child will be the primary factor here but a large factor will be the preference of a child 14 and older. You are free to keep this from happening and if you do not want to allow it then only a court order can allow her to move to AZ per your daughter's wishes. Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or number from 1-5 to choose from. This extra step will cost you nothing extra and will ensure that I will be compensated by the site.
Expert:  Christopher B, Esq. replied 8 months ago.
Just checking back in, do you have any further questions?