Legal Question in Family Law in California

child custody

I have 3 children from a previous marriage. Their ages are 16 yrs., 15yrs. and 10 yrs. old. Their father currently has primary custody and I, the mother, have secondary custody. My children have recently expressed to me that they do not want to live with their father any longer. He has become verbally and physically abusive with them. Child Protective Services was notified, however, they choose not to persue the case. My question is, at what age can children legally decide which parent they want to live with? Also, I cannot afford an attorney, so what steps should I take on my own to get full or primary custody of my children? Furthermore, our divorce was finalized in Arizona and my children currently reside in Arizona as well. I live in California. Thank you for your time.


Asked on 12/11/07, 2:18 am

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: child custody

Venue will be in AZ, since the children live there. You will need to consult with an attorney in AZ.

In CA, I would recommend that you file an OSC for change of custody, and I would recommend requesting appointment of minor's counsel. Minor's counsel will investigate and make a recommendation to the court. You won't actually need an attorney except maybe to help you get the documents drafted correctly. See if AZ has something like that.

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Answered on 12/13/07, 4:21 pm


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