Legal Question in Family Law in California

Re: child custody

If both parents are equally acceptable in the opinion of the court, the request of a teenager would be given serious consideration.

See Family Law Code 3042(a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an order granting or modifying custody.

(b) In addition to the requirements of subdivision (b) of Section 765 of the Evidence Code, the court shall control the examination of the child witness so as to protect the best interests of the child. The court may preclude the calling of the child as a witness where the best interests of the child so dictate and may provide alternative means of obtaining information regarding the child's preferences.

The Family Court judge would decide if the child(ren) are mature enough to decide why they wish to live with the parent named. Age is less of a factor then the ability of the child to voice a valid opinion other than they simply "want to do it."

Please let me know if you have any other questions on this subject, or require assistance in draft your daughter's declaration, to put before the court for consideration.

Re: child custody

18

until then the judge will decide. the judge may consider the child's preference, along with about 8 other factors, at about 14.

it's a bad idea to ever let your child think he or she has anything to do with his or her custody situation.