Child Custody Modification Concerns

Summary

In California, child custody decisions focus on the childs best interest. Courts consider factors like the childs preference, especially if they are mature enough, and mediation recommendations. If mediation suggests the child stays with one parent and the child is nearly 13, the court is less likely to order a move unless theres a compelling reason.

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My ex is trying to change the physical custody order.
Hi Amanda! Has there been a significant change in circumstances since the original custody order was made? This information can be important for the court's decision.
Our son is in 7th grade and has been having behavioral issues at school. I’ve seemed therapy, stayed in communication with his school and teachers, we were referred a different school and his dad disagrees with the change and would rather him move into his house and go to a different school in his town. He lives * hours away in a small town and our son does not want to move!
Hi Amanda! In California, the court always prioritizes the best interest of the child when making custody decisions. Here are some factors the court might consider:
- Child's preference, especially if they are mature enough.
- Stability of the child's current environment.
- Each parent's ability to meet the child's needs.
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I just have a question. We already had mediation and our hearing is in a few days. The mediation report recommended our son stay living with me and continue visitation with dad, plus therapy. How likely is it that the judge will order our son to move? He is almost 13 years old.
Case Rating: *
Given the mediation report's recommendations and your son's age and preference, it's less likely the judge will order a move. The court tends to follow mediation recommendations unless there's a compelling reason not to.
Would you like to be connected to local lawyers who can better assist you with your case?