Legal Question in Family Law in California
how old does a child have to be to choose which parent to live with?
Asked on 10/03/11, 11:32 am
2 Answers from Attorneys
Michael Schneider
Family Law Center
18 is the year after which a child has an absolute right to make his or her own decision. But, there is a law effective January 1, 2012 which says that for a child 14 and older, the courts must CONSIDER his or her wishes. To consider their wishes is not to say that the courts simply bow to the wishes of the child, but that the child's stated wishes, either to the judge, mediator or other court appointed person, is yet one more consideration in the placement of the child. Good luck.
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Answered on 10/03/11, 11:41 am