Legal Question in Family Law in California

At what age can children decide for themselves if they want to go with the other parent? I have two sixteen year olds that do not want to go with their dad. What do I do. The judge would not and will not talk to them. Their father and his attorney have lied repeatedly to the court. I have no attorney, can not afford one and feel that I am being walked all over, because I have no attorney. What do I do, to help my sons and myself.


Asked on 8/24/14, 8:31 am

1 Answer from Attorneys

The only age at which they can do that is 18. Until then the parents reach an agreement or the court decides. The judge, however, violated the law when it comes to listening to the kids. There is a code section that requires the court to listen to any kid who is 14 or older and wants to address the court in a custody proceeding. The judge still decides, but he or she has to hear the kids wishes first.

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Answered on 8/24/14, 9:33 am


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