Legal Question in Family Law in California
Hello im 41 year old man, in california. How old does your children have to be to choose which parent they want to live with in an divorce? Can i ask that a counseler be involved talking to children about the other spouse in a custody case?
4 Answers from Attorneys
As of January 1, 2012, the age will be defined as 14 where the court should speak with the minor regarding their wishes. Best of luck!
www.FamilyLawCalifornia.com
In addition to what Mr. Schneider indicated, the child's wishes are only one consideration, as the court will still have to determine what is in the best interest of the minor child.
BARRY BESSER
www.besserlaw.com
The child never gets to decide, until they are an adult. Either the parents agree and stipulate to an order or the court decides what is in the best interests of the child, in the court's opinion. As Mr. Schneider indicated, at 14 the court must now listen to the child's opinion, but that is all. The child's preferences are not binding on the court.
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