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HPlawyer
HPlawyer, Attorney
Category: Legal
Satisfied Customers: 874
Experience:  GA Lawyer
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HOW OLD DOS A CHILD HAVE TO BE TO DECIDE WHICH PARENT THEY

Customer Question

HOW OLD DO'S A CHILD HAVE TO BE TO DECIDE WHICH PARENT THEY WANT TO LIVE WITH, AND WHAT IF THE DIVORCE WAS IN CALIFORNIA BUT BOTH PARENTS NOW LIVE IN DIFFERNT STATES
Submitted: 7 years ago.
Category: Legal
Expert:  HPlawyer replied 7 years ago.
Until the child is 18 or emancipated, the Court will ultimately decide. The judge can, among other things, factor in the child's wishes once the child is 13, but it is merely a factor among other considerations. Accordingly, until the child is emancipated, he or she cannot uniformly decide which parent to live with.



The fact that the divorce was in California but both parents are in different states is immaterial.


Customer: replied 7 years ago.
NOW THAT SHE LIVES IN COLORADO WOULD WE GO BY THERE LAWS EVEN THOUGH THE DIVORCE WAS IN CALIFORNIA
Expert:  HPlawyer replied 7 years ago.
What matters is where the Child Custody Order was entered. If a Child Custody Order was entered in California, then California laws would apply. If no Order has been entered, then she could seek to get one in Colorado (assuming she has been there long enough). In either case, the laws would likely be the same because UCCJEA (the uniform child custody jurisdiction and enforcement act) applies and every state has adopted UCCJEA.
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Customer: replied 7 years ago.
thats what i thought thank you
Expert:  HPlawyer replied 7 years ago.
You are welcome. Good luck.