Legal Question in Family Law in California

Re: custody

As a general rule, California will consider the wishes of a child when they are of "sufficient age and capacity." There is no particular chronological age specified, but courts become more receptive as the child approaches teenage years. Regardless of the child's wishes, the court has no madatory duty to follow the child's wishes. The court is only required to give serious consideration to the child's wishes in an initial custody order situation. In modification proceedings, the court is to give greater weight to the child's wishes as the child is considered to have "a more informed basis for his or her preference."

Hope this helps.