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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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2 questions My three kids boy/girl twins of 13 years old

Customer Question

2 questions: My three kids boy/girl twins of 13 years old and 1 15 year old currently live with there mother in Lafayette California. I live in San Jose CA and we have dual custody although she has physical.

She is telling the kids they are moving to Dallas Texas come march.

1) Can she do this without my consent?
2) Is there any particular legal age teenagers can decide for themselves which house hold they prefer to live?
Submitted: 6 years ago.
Category: Family Law
Expert:  Dave Kennett replied 6 years ago.

Dear JACUSTOMER - If you have court ordered dual or joint custody you can file a motion for an injunction from the court to prohibit the mother from taking the children out of the jurisdiction. She can move wherever she pleases but the court will not permit her to take the children unless she can somehow show it is in their best interests, not hers, to move.


While the children do not have the ultimate choice of which parent they want to live with the court would certainly listen to their wishes at this age. They could not, however, choose to leave the jurisdiction without your consent. Assuming you are active in their lives I see no reason why any court would allow them to be taken out of the area by their mother. At the very least she would have to file for a motion for full custody since you are now in a dual custody situation.


Dave Kennett