Legal Question in Family Law in California

Legal Age For a Child to Make Custody Decision

What is the legal age, in the state of California, that a child can tell a judge which parent he would like to live with permanently, with visitation for the other parent. I had heard that at age 12 a judge will grant the wishes of the child, provided both parents are suitable.


Asked on 9/17/04, 11:39 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Legal Age For a Child to Make Custody Decision

A child can determine where to live or not live when they are 18 years old or are emancipated. There is not specific age at which the court must consider the wishes of the child. The court may consider the wishes of a child when the child is able to state a reasonable reason for the choice. The court is not bound by the child's desire.

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Answered on 9/17/04, 9:25 pm


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