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Home > Law > Family Law   »   child wants to change residency to live with noncustodial parent

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Old Apr 17, 2008, 06:28 PM
sbryant2008
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child wants to change residency to live with noncustodial parent
my daughter was living with me in arizona when her father petitioned a california court for custody and won. Now she is 16 visiting me in arizona states that she does not want to return to her father in california. she wants to stay in arizona with me what can i do she is supposed to go back tomorrow?

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Old Apr 17, 2008, 06:54 PM   #2  
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Welcome to AMHD. When her father petitioned and won, what was going on and how long ago?
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Old Apr 17, 2008, 07:38 PM   #3  
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She has to go back. you can petition the court and ask for custody to be changed to you. You can call the father and ask him to let her stay,
But if the court order says she goes back and she does not, he can take you back to court to be held in contempt of the court order
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Old Apr 18, 2008, 05:56 AM   #4  
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Quote:
Originally Posted by sbryant2008
my daughter was living with me in arizona when her father petitioned a california court for custody and won. Now she is 16 visiting me in arizona states that she does not want to return to her father in california. she wants to stay in arizona with me what can i do she is supposed to go back tomorrow?

She has to go back or you will be in contempt - you would have to Petition the Court for a change in custody (in California).

A lot will depend on how old the standing Order is and why the father was awarded custody the last time around.

At 16 the Court will at least listen to her wishes.
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