Legal Question in Family Law in California

The answer provided to this question is general in nature and cannot replace the advice given by a qualified attorney during a confidential office meeting designed to fully explore your legal options.

Fam C �3042 currently requires the judge to consider and give due weight to a child�s preference regarding custody if the child is of sufficient age and capacity to form an intelligent opinion on the issue. Starting 1/1/12, AB 1050 amends this statute to add that the court must also consider such a child�s visitation wishes. This amendment further adds that child who is at least 14 years old must be allowed to address the judge regarding custody and visitation, unless judge finds that it would not be in child�s best interests.

Your boyfriend should let his wishes be known to his father so his father can decide the best parenting arangement and if it would be appropriate to file a motion to return to court on this issue.