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    njkid's Avatar
    njkid Posts: 1, Reputation: 1
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    #1

    May 4, 2008, 10:32 AM
    Live with non-custodial parent
    I live in nj I am 17 and my dad has physical custody but both parents have legal custody can I choose to move out and live with my mom?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 4, 2008, 11:35 AM
    Quote Originally Posted by njkid
    i live in nj i am 17 and my dad has physical custody but both parents have legal custody can i choose to move out and live with my mom?

    No, your father has physical custody.

    Your mother would have to petition the Court for a change in your physical custody. Your father can either consent or present evidence that he is the better parent (in his eyes) and then the Court would decide.

    Not terribly common - although it is becoming more common - for the father to have custody and if your mother lost custody that will be an obstacle.

    When you are 18 (in the majority of States) you can decide where you want to live.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #3

    May 4, 2008, 02:05 PM
    As Judy said no, you can not. If your mom wants you to move in with her she can petition the court to allow a change of physical custody. This can take some time though so it might be easier to just wait until you are of age to move on your own.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    May 4, 2008, 05:42 PM
    In a couple states of the US, at 17 you can legally move out, just move out, so if you live in one of those, you may.

    But short of that, no, the parent who does not have physcial custody would have to go back to court and ask for physcial custody.
    But with that said, also if your mom and dad could just agree they may allow you
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