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Question #69:
My husband and I have been separated for 10 months now and are just starting a legal process. He agreed to let me take my daughter to CA to live and go to private school where my family resides and now is saying that he will only allow it if I give up child support. He has told her she can go and now is setting restrictions. He wants me to "pay" for our freedom. what rights does she have in making the decision where she wants to live?


The courts will generally look to the "best interest of the child", not the most comfortable
Or expedient move for the custodial parent. Thus the court will be looking at the chance for improved schooling, friends, family support, etc. and how the move will impact the child's relationship with the non residential parent. A sixteen year old child's wishes regarding which parent to live with and where to live will be given some consideration by the court, but it is certainly not decisive.

If there is a strong relationship between the child and your spouse and it will be impaired by the move, the courts will most likely disapprove of the move.

That being said, I believe that this matter along with all the other issues you must address in the course of the divorce should be dealt with at the same time in mediation instead of litigation. Do not deal with each area of conflict as a separate issue.
I urge you to contact me to arrange for a meeting for the three of us to discuss mediating this issue along with the balance of your divorce.
I can help and it can save you much time, money, and much aggravation.

Leonard M. Weiner, Esq./Divorce Solutions
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