Legal Question in Family Law in California

California Family Law Question At what age can a child go to court and tell the court who she wants to live with as her primary parent even thou she is 9 yrs old now.


Asked on 3/06/12, 5:48 pm

3 Answers from Attorneys

A fairly recent statute gives that right to 14 year olds and up. Younger than that it is in the court's discretion whether to hear from the child or not. At any age, however, the court is under NO obligation to actually follow the child's wishes. The court must make its own determination what is in the "best interests of the minor child," and the child's wishes are only one piece of evidence in that determination. How much weight that evidence has depends entirely on the child's maturity and apparent character and wisdom, the issues in the case, and all the other evidence before the court.

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Answered on 3/06/12, 6:33 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

Also note that it is ultimately in the courts discretion on permitting a child to participate in this fashion. Even if a child is 14 or older, the court can elect not to let the child proceed under this statute if the judge feels it's in the child's best interest.

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Answered on 3/07/12, 7:14 am


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