Legal Question in Family Law in California
Hello,
I'm I awkward position, my girlfriend of seven years passed away recently do to her diabetes and renal failure condition.
Unfortunately, she left behind a 13year old son and no Written Will to actually follow her wishes regarding her sons well-being, if she ever passed. She did verbally express to me, close cousins and best friend her plan, as to who she wanted, to look over and take care of her son.
Most importantly her son knows her mom wishes and wants her mom's wishes to be honor!
Thou he is 13 years old he is very mature and comprehends his situation very well.
My question,is he allowed to speak to a judge and get the opportunity to choose with whom he wants to live with? He had valid reasons. Plus his not happy in his living situation right now. He has a trust issue with the family members he is staying with right now.
1 Answer from Attorneys
The court decides where he is going to live based on his best interests in a guardianship proceeding. While he may be allowed to give input, he is not the one who will be making the decision.
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