Can a child choose to live with an aunt?

Not in the custody case, no, the judge cannot grant custody to your aunt. … As for choosing where you want to live, you are at an age where a judge may listen to what you want; that does not mean that the judge will do what you want.

Can a child choose to live with another family member?

California courts must consider and give weight to a child’s preference when the child is of sufficient age and ability to voice an intelligent opinion on custody or visitation. (Cal. Fam. … Children can’t choose where to live until they are 18 years old.

Can I move in with my aunt at 13?

2 attorney answers

Sure. You can have your aunt pick you up and take you. If dad calls cops, you’ll tell the cops to leave you alone and that you are not leaving your aunt. You can even ask your mom to petition for custody and come testify on your behalf that you…

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Can a 14 year old decide to live with aunt?

Short answer is yes (understand however, that these are not easy to win) , if the court determines, in the best interest of the minor child, that the third person (the aunt) is truly the best person under all the circumstances who should…

Are there rights for aunts?

The short answer is YES. California law confers discretion on the court to grant reasonable visitation rights to any other person having an interest in the welfare of the any other person. … Aunt and Uncle rights are very similar to grandparent visitation rights.

What makes a mother unfit in the eyes of the court?

Factors that can lead a court to deem a parent unfit include: Instances of abuse or neglect; Willing failure to provide the child with basic necessities or needs; Abandonment of the child or children; or.

What is an unfit mom?

by Fernandez & Karney | May 31, 2021 | Child Custody. In California, an unfit parent is a parent who, through their conduct, fails to provide proper guidance, care, or support to their children. This can include not only a parent’s actions but also a home environment where abuse, neglect, or substance abuse is present.

At what age can a child choose to live with an aunt?

If the child is 14 years of age or older and wishes to address the court, he or she can do so unless the court determines it is not in the child’s best interest. If you’re an uncle or aunt who wishes to ask the court for custody of your niece or nephew, let us help.

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Can a 16 year old decide to live with aunt?

Not in the custody case, no, the judge cannot grant custody to your aunt. … As for choosing where you want to live, you are at an age where a judge may listen to what you want; that does not mean that the judge will do what you want.

Can a 13 year old decide which parent to live with?

A judge may ask a child who is old enough (typically 12 to 14) which parent he or she prefers to live with the majority of the time. A judge will typically do this outside of the courtroom, to keep the child out of the case as much as possible. A judge will use a third-party evaluator to ascertain the child’s wishes.

Can I live with my aunt at 15?

Unfortunately, you need your custodial parents permission to move. Perhaps your aunt will talk to your parent for you.

Can a 17 year old decide where they want to live?

There is no ‘Magic Age

There is no fixed age when a child can decide on where they should live in a parenting dispute. Instead their wishes are one of many factors a court will consider in reaching a decision.

Can I leave home at 16 without my parents consent?

When can I leave home? You can leave home without your parents’ or guardians‘ consent at the age of 16. … If your parents are worried, they can apply to the Family Court to put you under the guardianship of the Court where the Court can make major decisions for you until you are 18.

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