Legal Question in Family Law in California

At what age can the child decide?

At what age can the child decide which parent he/she would prefer to live with. I heard age 14 in California. ??


Asked on 11/07/00, 11:04 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: At what age can the child decide?

they never get to decide. if they are old enough to express an opinion the judge is supposed t consider it but it is not the deciding factor.

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Answered on 11/18/00, 12:05 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: At what age can the child decide?

There is no law that says a child can decide who they want to live with. That is within the sound discretion of a judge. A Court will take into consideration what a child wants if the child is sufficiently mature enough to testify. If your child wants to live with you, I would consider doing an OSC asking for a change of custody, and an attorney to be appointed for the child. This would be the best way to the child's wishes expressed to the Court.

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Answered on 11/18/00, 4:41 pm


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