Legal Question in Family Law in California
Change of Primary Caretaker Status
I have been divorce for 3 1/2 years with joint physical and legal custody of our 2 sons. The primary caretaker status is they reside with their father during the school year, we get them summers and rotating holidays.
My question is this, my 14 year old wants to change his status and live with myself and his step dad. What is the age in CA that he can make that decision and what is required to proceed with this process.
His father and step mother still reside in CA.
Thank you
3 Answers from Attorneys
Re: Change of Primary Caretaker Status
Your son is certainly old enough wherein his opinion would be given some weight in a custody determination. The court, however, would look at all circumstances in making its ruling. You also would to show changed circumstances to get the court to consider making a change. If you are in the Bay Area, you can call me to discuss the matter further. 415.334.8439
Re: Change of Primary Caretaker Status
The age at which he can make the decision is 18, unless he is
earlier emancipated by marriage or judicial declaration. You can
move for a change of custody or residence on his behalf until that time.
Re: Change of Primary Caretaker Status
The court will listen to your child's desire at any age, but puts more weight on the child's desire the older they get. In San Diego County the judges generally rule that a 14 year old is going live with the parent that he wants to live with. Contact an attorney in the county where the original action was filed and he can give you better advice. The court may also consider special needs, like education and medical needs. Absent any unusual factors, he will live with you if he wants to live with you. Good Luck, Pat McCrary
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