QUESTION

Can I choose to live with my step father instead of my father if my mother dies? How?

Asked on Jun 25th, 2015 on Child Custody - California
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If your mother has just passed away, but you have a step father, can I opt to live with him instead of my biological father? Please help and if so, how can I stay here?
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2 ANSWERS

Family lawyers know that it is very hard to tie an adolescent down. If you are 15 or older, as a practical matter it is almost impossible to force you to live with someone you do not wish to live with. You could, through your stepfather, petition the court for placement with him even while conceding legal custody to your biological father (if you must, and only if you must). If the two of them can cooperate about you, all the better. While your birth father is your 'natural guardian,' courts are supposed to take into account the best interest of the child. So the lawyer your stepfather retains will have to gather a lot of evidence and present it persuasively.
Answered on Jun 26th, 2015 at 12:02 PM

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Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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The custody orders and your bio father's wishes must be understood.
Answered on Jun 25th, 2015 at 7:07 PM

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