Legal Question in Family Law in California

At what age can a child determine their time share with a parent?


Asked on 2/23/12, 9:15 am

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

They can make their own decisions when they are 18, because they are adults. However, the judge must consider the wishes of the child at all ages. The older and more mature the child, the more weight the judge will give to their wishes. A three year old's wishes do not carry much weight. A 16 year olds wishes carry a great deal of weight. There are other factors to consider and the judge will make a decision in the best interest of the child. There is no magic number for an age that the child can make a decision. Good Luck, Pat McCrary

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Answered on 2/23/12, 9:23 am

Mr. McCrary is absolutely correct. I just write to add that until the child is 14, it is up to the court whether to hear the child's wishes at all. Once the child turns 14, the court must give the child a chance to testify on request, but it is still just one piece of evidence in the court's determination of what is "in the best interests of the minor child."

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Answered on 2/23/12, 11:26 am


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