Legal Question in Family Law in California
Do California Family Courts take the wishes of the children into consideration when CC/CV is awarded? My children are 15 and 12, and have refused contact with me for the past 3 months based on information they have been given by their father, with whom they are currently residing. He refuses to allow me to see my children, and withholds access to them via telephone and email as well, stating that the children don't want to see or talk to me and that they "hate me". The children have left me messages saying that they do not want to see me, but I don't know if these are their true feelings, or if they are being coerced to leave these messages. Their father has also eliminated the children's contact with most all of my extended family. What are my rights in this situation? There are no temporary orders for CV/CC at this point. Thank you.
1 Answer from Attorneys
At the ages of 15 and 12 the courts will take their wishes into consideration to some degree, but only as one piece of the puzzle in deciding what custody and visitation plan is "in the best interests of the children," which is the legal standard the court is supposed to apply. How much weight will be given to the children's wishes depends on how the court perceives their maturity and their ability to understand and articulate what is in their best interests (as opposed to repeating what they are told, or wanting to be at the "fun" house where it is actually not a good environment, etc.). Whatever the outcome will be, however, both for you and your children, you should have had a custody and visitation order in place a LONG time ago. You really need to get an attorney to file for you, or do it yourself if you think you can, but don't wait any longer. It will only make the current situation harder to undo.
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