Legal Question in Family Law in California

At what age is a child from a divorce able to decide which parent she wants to live with?

The court order for custody current shows 50/50 physical and legal custody. If the child who is 15 decides that they would like to stay with only one parent, can it be brought back to court?


Asked on 3/02/12, 8:10 pm

2 Answers from Attorneys

Rhonda Ellifritz Law Offices of Rhonda Ellifritz

At 15, the child's desires weigh more than when they are young. The Court will still look determine custody based on the child's best interests, but a 15 year-old now has a right to speak to the judge and let the judge know what she wants and why.

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Answered on 3/02/12, 8:16 pm

Ms. Ellifritz is basically correct. Until a child is 18, they do not get to choose where they live, and if the parents cannot agree, then the court must make a finding of the "best interests of the minor child." At 14 and up, the child now has the legal right to speak to the judge if they wish, but the court still must make an independent finding as to what is in the child's best interests. Among other things this is to prevent one parent from becoming the "Mc-Household" to entice the child away from a less fun but better parent's household.

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Answered on 3/02/12, 9:59 pm


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