Custodial Parent wants to move out of state

[looneytes]

What is the name of your state? CA

Hello,

I am writting for my 13 year old step daughter and husband. We have been a family for over 11 years. My husband and our family has always been there for my step daughter, emotionally and financially. We have just found out that her mother which is the Custodial parent wants to move out of state so she can move on and have a relationship and maybe get married. Which is great! Our concern is our step-daughter which has verbally expressed that her mother needs her and she worries about her mom. We believe she needs to enjoy her life, studies and her relationships with her friends and family. My husband is so stress and does not know what he can do legal.

He has wanted her with us and her three brothers for so long. We have been waiting for her to complete her studies at her private school, so she then can live with us and attend High School and College here. But now that this has come up when are not prepared. All of her family on both sides reside in California. What can we do?

What are my husband's and step daughter's rights? We are consired about her 'role reversal" issues with her mother and what effect it will have on her in her life now and as an adult. We are very concerned. There are so many unanswered question.

Please help!

Thank you
Looneytes.What is the name of your state?

 

[Ohiogal]

Mom is going to have file a notice of relocation with the courts and then dad can object to his daughter being moved out of state. He may win if such a move is not in the best interest of the child. It will be a court fight.

 

[LdiJ]

The child's wishes will also likely factor in to some extent or another, due to her age. No one can tell you how much they will factor in (maybe just a little, maybe alot, it depends on the judge) but they are likely to factor in at least a little.

 

[ceara19]

What can we do?

"WE" can't do anything. Your husband can contest the move. It doesn't necessarily mean that he will be successful. At 13, the child is old enough for the court to consider her wishes. I don't see any "role-reversal" concerns. Her opinion that her mom needs her is very common for children in this situation. The way they see it is that dad has a new wife and other kids while mom only has her. There's also the possibility that she simply doesn't WANT to live with dad, but she doesn't want to hurt dad's feelings. Saying she NEEDS to stay with mom is easier then telling dad that she WANTS to stay with mom.

 

[casa]

"WE" can't do anything. Your husband can contest the move. It doesn't necessarily mean that he will be successful. At 13, the child is old enough for the court to consider her wishes. I don't see any "role-reversal" concerns. Her opinion that her mom needs her is very common for children in this situation. The way they see it is that dad has a new wife and other kids while mom only has her. There's also the possibility that she simply doesn't WANT to live with dad, but she doesn't want to hurt dad's feelings. Saying she NEEDS to stay with mom is easier then telling dad that she WANTS to stay with mom.

*Bingo*

And at age 13, it's not expected that her wishes will be considered in CA. Perhaps, if she is extremely mature & there is a GAL, Minor's Attorney or CASA involved....otherwise, her
'opinion' will be just that~ the opinion of a teenager. As ceara mentioned, children tend to say/do what benefits them at that time...which is not always the same as what benefits them for the rest of their childhood.