Legal Question in Family Law in California
It�s my understanding that a child can choose which parent they want to live with at age 12. But will the court consider a child�s request before that age?
My daughter lives with her mother most of the year, and me for 12 weeks. She becomes hysterical when I have to return her to her mothers, she tells me and her mother that she wants to live with me. But, I�m afraid if I went to court to press this issue the child�s request would not be considered due to the fact that she is only 7.
1 Answer from Attorneys
In California, a child can petition the probate court for a guardianship by himself or herself at age 12. Before that age, only an adult petitioner can petition the court for guardianship of the child. However, since you are her father and I presume have shared custody rights with your ex from a previous custody order, that would be a family law matter between you and your ex. If you believe there are good reasons for the child to spend more time with you or for you to have full custody rights, then you'd have to request that from the family law court.
Larry L. Doan, Esq.
https://www.lawguru.com/cgi/bbs/attyPages/liem.html
Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
