Legal Question in Family Law in California

A child must be 18 before they can decide which parent to live with. At that point no forms are required. Prior to that, no steps or forms will allow the child to make the choice. To change custody and visitation the parents must agree, or one of them must go to court. If the child is 14 or older, the child does have the right to address the court and make his or her wishes known, but the court is obligated to make a finding that is "in the best interests of the minor child" regardless of whether or not that is what the child asks for. The child's wishes are just one piece of evidence in that decision.

I agree with Mr. McCormick. We get asked this question a lot, and it seems that it is a common misunderstanding that the child can pick and choose once he or she turns 14. The rule is that the child can tell the court where he or she wants to live, but it is still up to the judge to make the determination in the best interests of the child.

Also note that just because the child wants to address the court as allowed under the new law, the judge ultimately decides if this action is appropriate and can deny the request if the judge feels that would be in the child's best interest.