Legal Question in Family Law in California
age of child
I am stationed in Arizona in the military, my children live in Californa with their mother. Divorce was in Oklahoma but the papers have been moved to California. My question is at what age can the children make up their own minds where they want to live. She is a single parent and I am re-married with a child with my new wife, she, single living with her parents in a 3 room home where the kids do not have their own rooms, the children have expressed that they would like to live with me. Ages are 8 and 10
3 Answers from Attorneys
Re: age of child
There is no magic age. Some courts will not entertain the thoughts of a child less than twelve, others will regardless you can petition the court here in CA to change custody of your children to you. My office handles these situations quite often and am therefore well equipped to represent you.
Please call my office to schedule an appointment or teleconference so that we can figure out your next step in this process.
JDH, Esq.
619.866.3535
Re: age of child
The court will always consider the desires of the children in making a custody award. The older the child, the more weight the court will give to their desires. At the ages of 10 and 8 for the court to make an order for a child to move out of state based upon their request, the reasons that the child made the decision must be sound with an understanding that they are leaving their freinds. It would be an uphill battle, but not impossible. Good Luck, Pat McCrary
Re: age of child
The court will consider your children's wishes, but the court makes the decision. Call me directly at 1619223504.
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