age in ca child can decide custody
More Family Law, Divorce, Child Custody and Adoption questions and answers in California. Age a child can decide which parent he wants to live with. I have joint custody of my sons, ages 11 & 15. I am the primary custodial parent which means they spend over 65% of their time with me and my wife. They currently spend every other weekend (Thurs. - Mon.) and half of vacations and holidays with my ex-wife. A California judge will not look solely at a child's level of maturity to determine if his opinion as to custody should be considered. Judges also attempt to determine why the child is making such a choice. For example, a 16-year-old might want to live with his father because his father has promised to lift curfews. 0 attorneys agreed. Reply: Age a child can decide which parent he wants to live with. 14 is the usual answer, however, children can have attorneys appointed for them and the attorney is supposed to be the voice of the children in court. I suggest that you consult with an experienced family law lawyer. Chronological Age. Historically, California’s statutes have not set a specific chronological age when a child is old enough to contribute his opinion to a custody dispute. In 2001, a California court ruled that a 5-year-old was not mature enough; in 1996, a court ruled that a 13-year-old was sufficiently mature. California's family code states that a child must be of “sufficient age and capacity” to have a reasonable preference. California courts base child custody decisions on the legal doctrine known as the best interests of the child.. The state recognizes that it might not always be the best decision to force a child to live with one parent when he may be closer to the other. A judge’s decision about the child’s best interests can be shockingly different from the child’s own view of those best interests, let alone the parents’ views. Judges consider a host of factors in custody cases, including. 1  parental capacity for affection. 2  modeling. 3  steadiness. In effect, the child gets to “decide” if all involved decision makers — that is, the significant adults in the child’s life — are in agreement about the child’s future living arrangements and that agreement meshes with the child’s own wishes. For example, a child’s needs may dictate staying with dad from ages 4 to 10; but, if needs begin to change toward the end of elementary school, mom and dad can often agree to modify physical custody to suit the child’s changing needs. In the event that the parties cannot reach a child custody agreement, the court will make a temporary order regarding custody at the first Order to Show Cause hearing. If you didn’t reach a child custody agreement at mediation, the course will then proceed with a court hearing or Orders to Show Cause. At this time the attorneys will probably try again to see if they can assist you in settling temporary custody orders.
14 age