Legal Question in Family Law in California
How old can a child be to choose to live with either mom or dad?
My husband and his ex have had joint custody of their daughter, although my husband has her more and still pays child support. She is 12 now and constantly says she is very unhappy living with her mom because of how she is being treated. She constantly tells us she wants to move with us permanently. The mother has no idea how she is doing in school, never asks, never does homework with her. We pay for her private school, school clothes, karate and everything else you can think of. There are many, many situations that I can mention that would help us in court, but the main question is can she decide to go with dad?
2 Answers from Attorneys
Re: How old can a child be to choose to live with either mom or dad?
Courts look at number of factors in making a determination of where the child should be. How the child is doing with the parent,in school, and life in general. You should take action to prepare for a trial for a change of custody. Become involved in her school by checking with her teachers, helping her with home work and appearing at all school activities. You should consider family counseling, that is you, your husband and his daughter should meet with a counselor to improve your relationship. This will provide you with the opportunity for an expert to see how she is interacting with her mother. Also it will assist you in helping her in her interaction with her mother. The counselor should be able to advise as to whether a change of custody is in her best interests.
Re: How old can a child be to choose to live with either mom or dad?
The older a child is the more weight is placed upon the child's opinion of where he/she wants to live. However, the child never gets to decide, the judge decides based upon all the evidence presented, what is in the best interest of the child. What the father or mother wants is immaterial.
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