Legal Question in Family Law in California

There is a new amendment to Family Code 3042 that took effect January 1 2011. The amendment allows a child older than 14 to request to address the court. Subsection c states:

"(c) If the child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child shall be permitted to do so, unless the court determines that doing so is not in the child's best interests. In that case, the court shall state its reasons for that finding on the record."

The court's focus is on the best interests of the child(ren). Best interests includes supporting a parenting relationship with both parents. If there are difficulties with the visitation then counseling and family therapy may be the key to creating a better relationship with the children and their father.

Ms. Kock gives you what I call a Microsoft Tech Support answer: completely accurate but no real help with the question asked. The real answer to your question is when they turn 18. Prior to that, they don't get to make a choice. As Ms. Kock's answer elaborates, they have the right to have their desires included in the evidence before the court, but in the end it is either the parents' agreement or the court's decision where they go when. They never get just to chose themselves.