Legal Question in Family Law in California

I want to change custody orders....

My ex and I have 50/50 legal and physical custody of our 11 year old son since he was 5 years old. My son lives with his dad during the school year and I have him during the summer. I had him full time before the age of 5 andwhen I moved out of the area to buy a house, my ex won custody. He was supposed to stay in the same school, same house... etc. since then my son has been in 3 different homes and 3 different schools. My son has wanted to come and live with me for some time now. and I also want him with me! I heard somewhere that at the age of 12 children can make their own choice in front of the judge? Is this true? I live in Ca.


Asked on 11/05/07, 10:54 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: I want to change custody orders....

The court will always consider the desires of a child. The older the child the more weight given to their desires. There is no magic age. At age 5, little weight would be given to the child's desires. If your son expresses a strong desire to live with you, you may have grounds to modify the order. Good Luck, Pat McCrary

Read more
Answered on 11/05/07, 12:38 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California