Legal Question in Family Law in California

what is the age a child can select which parent to live with in a divorce in the State of California?


Asked on 9/17/11, 10:16 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

18.

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Answered on 9/18/11, 1:21 pm

Mr. Roach is correct. However, at whatever age a particular child is capable of forming a reasonable and rational opinion on the subject the court is permitted and often will take it into account. At age 14 the child has a statutory right to be heard in court on the subject. Until the child is no longer a minor, however, the child's opinion is only one factor the court must consider in making its decision. The court must decide what is in the best interests of the minor child, which is not always the same as what the child wishes (as all of us who have kids know all too well).

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Answered on 9/18/11, 4:56 pm


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