Legal Question in Family Law in California
My case is filed in Ventura County. I currently live in San Diego County. This is a custody case. I need to move in June and would like my child with me. My child is currently 15 yrs old and has lived with me his whole life. My childs father would like custody as well. This will likely become a custody court battle & because the case in Ventura, I assume it will be there. I'm told each county is different - Would it be to my benefit to get a lawyer in Ventura since they are familiar with how the court systems are in that area? I would also like to know how seriously a childs opinion is - all he knows is how his dad's place is on the weekends - a "fun, I can do anything" place & then he comes home to me & its chores, school work, & bed times - so if he was asked where he wants to live, it would definitely be with his dad.
3 Answers from Attorneys
Many attorneys travel for representation, so I would not make location the basis for your decision. Many attorneys offer free initial consultations, so you may want to shop around and find someone you are comfortable with.
At 15, their desires hold weight. They can request to speak to the judge, and as long as his reasons seem reasonable, the judge often goes along. However, the child's best interests are always paramount, and if you can make a strong argument as to why it is in your son's best interests to stay with you, you may win.
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I would disagree with the preference for an attorney. I always have felt that it is better to have a "hometown" specialist. I have found that here in Riverside, some deference is given to attorneys who the judge already knows and trusts. Also, it is good to have an attorney who may know about the quirks of any judge in the court you are going to, as that can also give you an advantage in court.
After 14, the court must at least give an ear to the wishes of the child. I have seen judges go both for the wishes of the child as well as against the wishes of the child. It is the judges job to figure what is best for the child. What is best is not what a child may wish (we as parents know that all the time).
I would highly suggest that you get local counsel to help you with this. Good luck!
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