Legal Question in Family Law in California

After a court order is made on a childs custody, at what age can the child actually be the one to decide where he or she would like to live with or spend much more time with either parents???? my daughters father and i share custody i have 55% and he has 45% my daughters 7 and she wants to just be with me all the time , i dnt mind sharing but i think it would be nice if she would just be at one home more that 50/50 instead of going back and forth.iam have soul custody as well, we are both good parents , so its not a issue of bad parenting or not being able to take care of our daughter, can you please let me know the proper age where my daughter would be abke to decide who she wants to live with?


Asked on 1/14/10, 12:18 pm

1 Answer from Attorneys

The child never decides, unless the parents agree to let the child decide and file a stipulated custody modification on the basis of what the child decides. Otherwise, the child's wishes are just one element in the court's decision. Generally around middle school, if the child shows sufficient maturity and clarity in expressing their wishes, the courts will start at least hearing what the child says. Really, though, it is a matter of how mature the child is and how clearly they can articulate what they want and the reasons for it.

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Answered on 1/20/10, 12:23 pm


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