Legal Question in Family Law in California
My 14 y.o. daughter wants to live with me full time. She was with me from birth 2001 to 2015 then we started sharing physical custody. Her father was physically abusive to me and now verbally an emotionally abusive to her. He has tried to get her to hate me and is constantly talking bad about me to her. She wants to voice her preferences to the court so she may return to living with me full time. Is this possible?
2 Answers from Attorneys
The court recognizes a child 14 or older can contribute to input on placement and parenting. They however, are not the final say in these arrangements. The facts that you've narrated suggest that your daughter is being subjected to inappropriate behavior by father that would justify a change of custody. Please meet with an experienced family law attorney to explore your options.
There is a [relatively to my 30 years of law practice] statute that requires the courts to allow a child 14 years old or older to address the court as to their custody and visitation preferences. So she will be allowed to tell the court what she wants. However, as Ms. Kock notes, the court has full discretion to decide how much weight if any to give the child's preferences.
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