Legal Question in Family Law in California

My daughter is 12yrs old she goes with her dad every weekend, but for months now she has been telling me she doesn't want to go with him anymore. She had an issue with her stepsister and she says that they are always picking on her and her dad never believes her. At what age can my daughter decide whether she wants to go with her dad or stay with me?


Asked on 4/12/10, 10:32 am

1 Answer from Attorneys

18. Until then if she wants to change the custody schedule you have to file a motion or OSC to modify the custody order for her. At 12, Family Court Services and the judge may or may not be interested in hearing what she has to say. But in any case, what she thinks she wants doesn't matter very much. The court must make an order that is in the best interests of the child, not what the child wants. The child gets what they want only if it happens to coincide with what the court believes is in the child's best interest. Children often do not get along with one parent or with siblings and step siblings. That is part of life. So the court may well decide that your daughter needs to learn to work through these conflicts, rather than be allowed to run away from them and hide at your house. Perhaps you should consider how to foster her relationship skills and work with her father on a solution to these issues rather than encouraging her adolescent impulse to run away from conflict.

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Answered on 4/18/10, 10:00 am


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