Legal Question in Family Law in California

Re: Age Child can decide who they want to live with

In GA, a child of 14 can decide. I don't know the law of CA and therefore don't know whether some provision of CA law could superced GA law. You can try to check this out at: http://california.lp.findlaw.com/ca01_codes/index.html

Re: Age Child can decide who they want to live with

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The court will take notice of the child's desires either by ordering a custody evaluation under Evidence Code �730 or by appointing an attorney for the minor child. Most judges will not take testimony of the child either in open court or in chambers because they do not want to place the child "in the middle." Usually, the child's wishes become important when the child is 14-16 or older, but it depends on the maturity of the child and other factors.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

Re: Age Child can decide who they want to live with

California does not have an age at which the child can decide. The judge will consider the wishes of the child at any age, but will consider the child's age and the reason for the child's wishes. At age 5 the child's wishes carry very little weight. By age 15 the child's wishes will almost always be honored. At age 12 the wishes of the child will certainly be strongly considered. Good Luck, Pat McCrary