Legal Question in Family Law in California
Age a child can decide which parent he wants to live with
I have joint custody of my sons, ages 11 & 15. I am the primary custodial parent which means they spend over 65% of their time with me and my wife. They currently spend every other weekend (Thurs. - Mon.) and half of vacations and holidays with my ex-wife. The boys are not happy the time they spend with my ex-wife and I was wondering at what age can they decide where the want to live giving her only visitation. Also, what do I need to do legally to make that happen.
2 Answers from Attorneys
Reply: Age a child can decide which parent he wants to live with
14 is the usual answer, however, children can have attorneys appointed for them and the attorney is supposed to be the voice of the children in court.
I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.net
Re: Age a child can decide which parent he wants to live with
What you need to do is retain an attorney and file an Order to Show Cause (OSC). This will allow you to set a hearing for the judge to decide the matter. You will be ordered to mandatory mediation before the hearing, at which time the visitation issue may or may not be resolved, depending upon if the ex is agreeable with the change (probably not). At that hearing, your attorney may request an appointment of minor's counsel, which is the appointment of a separate attorney for the children. This attorney makes recommendations to the court based upon what they determine to be the best interests of the children after they have talked to everyone.
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