Legal Question in Family Law in California

Not likely unless there is a lot that you aren't telling me, such as you get into heavy drug use or start abusing your child. Absent things of that nature, probably not. However, at age 14 the child can express a preference to the judge about where he/she should reside.

I disagree with Mr. Walley. The court reviews an application for a modification to a custody and visitation order based on the circumstances at the time of the application. If everything is the same as it was seven years ago, there should be no change, but if circumstances have changed, the court must determine what is in the best interests of the minor child at the time of the hearing. There is a presumption that change is disruptive and therefore not in the child's interest, but that is only one factor the court considers and it will not override evidence that a change would otherwise be in the child's interest.

Tim is correct. The new statute allowing the court to consider a child's request to address the court directly or indirectly to express their parenting preferences is at the election of the court and assessed from the standpoint of what is in the child's best interests concerning involvement and participation in the custody matter.