Legal Question in Family Law in California
Filing time to change child custody
If I enter into a stipulation agreement on 2/1/00 for child support, but find out the next day that my 14 year old son wants to come live me:
1. Is there a time restriction for filing for custody and/or time percentage modification?
2. When a child is 14 years old, are they able to make the decision as to which parent they wish to reside with? What is the age?
1 Answer from Attorneys
Re: Filing time to change child custody
18 is the age at which a child can decide where ho or she wants to live. Family law does not give a specific age at which the child's desire is to be considered. The reality is that when a child reaches the age of 12 to 13 years old, it is difficult to make a child live where the child does not want to live.
There is no limitation on when you can file a motion for a change of custody. However, the court does not have jurisdiction to hear the motion unless there is a change of circumstances. You need to consult an attorney to review the facts of your case to see if there is a change of circumstances.
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