If my parents are divorced, how old do I have to be to choose which parent I want to live with?

Question

My dad lives in California and I live across the globe in Taiwan with my mom. So I guess I need to look into California law..
I feel like moving to California with my dad
How old do I need to be to choose who I want to live with?
I'm 15 now and hopefully I can choose.
Otherwise is there a law that states that after a divorce the father automatically has sole custody of his child?
It would be great if you give me a website too!
Thanks.

Answer 1

I'm sorry, but I couldn't find the age you have to be (here in Chile it's 12) but I found a great website that might help you, it contains the following information:
"Law on Divorce and Child Custody - California

* Child support
* Custody of children
* Division of property
* Enforcement of support orders
* Grounds for dissolution or legal separation
* Rights of parents
* Spousal support "
http://family.findlaw.com/divorce/state-divorce-laws/california-divorce-law.html

I hope it helps you.

My advice is that you talk it out with your mom because if she doesn't agree then your father would have to sue her for custody and then the court will decide who you should live with.

Good luck!

Answer 2

Most states give consideration to the desire of the child at age 9 and give preference to the desire of the child at age 12. This does not mean however that you will get what you want. The judge will look at all arguments to try and determine what's best for you.

For example, if you want to live with your dad but you mom presents indistputable evidence that this would not be in your best interest (dad drinks, drugs, parties, etc) then the judge could easily deny your request.

In order for this to happen you will need to talk with your dad and HE will have to start the proceedings to have your primary residence changed. This is not something you can do and probably not something your mom will want to do.

Now.. the next issue comes with location. Between states the issues can be resolved fairly easily as the request for hearing must be filed in the state/county where the childs primary residence is currently. Between countries is a totally different thing. If your dad files in California court and wins... there is nothing that forces Taiwan to enforce that ruling and your mom could keep you there regardless. This generally is true if (in your case) you mom is a Taiwan citizen and not a US citizen. If she is a US citizen and just working in Taiwan then she will mostly like have to follow US laws and judgements.

This is a difficult case but as I said earlier, YOUR DAD must start the proceedings and he will have to push hard for this and it will probably cost a lot if your mom contest it.

Good luck and I hope this helps!

Answer 3

I believe you have to be (18???) to choose which parent to live with. But there are extenuating circumstances and you can probably go to court on that. If your parents were divorced in California, that's who you'd need to contact, maybe your Mom can give you the number for the court. I know in Maine there is not a law that automatically gives him custory. That has to be agreed on in the court. Does your father have sole rights and responsibilities? Probably not because you're in Taiwan and you couldn't have moved away like that. Good luck!

Answer 4

There are no laws that the mother or father automatically get sole custody. BUT there are set ages by each state where the children can choose at a certain age on where they prefere to live. Like in North Dakota, you only have to be 11 years old.

You should be old enough to make that decision now. Contact your father and see if he would help you get a passport and move there. Just ask and see where it leads you.

Answer 5

usually some state allow 13 years old to choose
but since you and your mom leave in Taiwan than it is the Taiwanese Laws that matter
but if I were you I would speak with your parents and explain your wish to them
Also noted that you might like California at all
so why don't visit your father first before decided to move there for good
Good Luck & God Bless
as for web site
just go to Google put divorcelaw in california
maybe you might get some info

Answer 6

Ur right... u need to look under California Law.. also the law where you live too. I know that in SC it's age 10. My nephew can't wait either. He wants to be with his dad as well. Usually the mom gets custody unless she doesn't want or is proven unfit.

Answer 7

You will need to consult a lawyer, there is international law here, as well as united states law and california law. The court order of the divorce will specify custody of the child involved. i am guessing it was your mother since she has you. You need to find a lawyer.

Answer 8

Since you live with your Mom in Taiwan, she probably has custody of you. Where were you born? Do you hold dual citizenship? Have you talked to your Dad about moving in with him and is he receptive to the idea? What does your Mom say about you moving so far away?

Answer 9

Just talk to your mom and ask if you can come and live with your dad and promise that you will visit her during the summer when you are out of school. Tell her that you love her and will miss her dearly, but you would like to get to know your dad better.
15 is old enough to know who you want to live with.

Answer 10

the best answer would be to talk to your parents and let them know how you feel. it is possible that they may allow you to go live with your dad without involving the courts.

Most states allow the child to choose when they or about 14 or 15.