Legal Question in Family Law in California

Does a child have the right to choose who he wants to live with?

My husband and I have been married 4 yrs and his son is 7, we have 40% visitation/joint custody. He asks if he could live with us and says that his mom treats him really bad. He says ''I wish my mom would treat me the way she treats her boyfried,'' and ''my mom won't take me with her because I embarass her.'' He also tells us of the verbal abuse he has to go through about his Dad and me. He says on her weekends she leaves him with others, when we watch him she picks him up in the middle of the night when he has to be at school. In parent conf we are told that his homework isn't turned in & he's disruptive in class, she says the teacher is lying. He weighs 100 lbs because he's always eating fast food. My husband has made numerous attempts to discuss these things & threatens to take her back to court, but we end up with the same results. She's afraid of what others will think if he lives with us but she's agreed to let us keep him for the summer. He asked me if he could call me Mom and told me that he wished I was his mother.All of this breaks my heart but I know there's not much we can do.Should we have him in counseling at all? At what age will he be able to make a decision that counts?


Asked on 5/16/02, 11:40 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Does a child have the right to choose who he wants to live with?

It sounds like it is time to hire an attorney and prepare for a custody battle. Hopefully, it will be quick, but I think you will need professional representation to guide you through the system. Custody proceedings are handled differently in different counties, so you will need an attorney who has handled at least 50 custody proceedings in the county where the current judgment is filed. Based upon what you have said, you husband has a very good chance have getting primary custody of his son. Good Luck, Pat McCrary

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Answered on 5/16/02, 12:41 pm


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