Legal Question in Family Law in California

Can 14 yr old child decide which parent to live with?

My husband & I recently moved about two hours away from my daughter's father. He agreed to our move, but now has changed his mind. He wants her to live with him. My daughter is 14 and want to live with my husband and me in the new city. Can my daughter make her own decision about where she wants to live at the age of 14?


Asked on 6/30/04, 7:21 pm

1 Answer from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Can 14 yr old child decide which parent to live with?

A 14 year old cannot make a decision of where she will live. That is up to her parents and if they do not agree, to the court. But, and its a big but, for a 14 year old the court will give great weight to the wishes of the child. There is no magic age for a child to have the decision, however, the older an more mature the child is, the more weight the court will give to her opinion. Therefore, without more facts that would constitute detriment to the child, the child will continue to live with you. Good Luck, Pat McCrary

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Answered on 6/30/04, 9:01 pm


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