Legal Question in Family Law in California

We live in San Jose California, at what age can my children decide how much time they stay with me versus their father?


Asked on 12/13/10, 7:20 am

2 Answers from Attorneys

When they turn 18 and have graduated from high school. If a parent is seeking to modify a custody order a judge MAY take the children's wishes into consideration, but this would still be only one of many factors.

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Answered on 12/18/10, 12:36 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

This answer is general information and cannot be construed as replacing a personal office consultation with an attorney skilled in the field of family law.

As of the first of the year, a new Family Code will take effect enabling any child 14 years or older to request permission to discuss with the judge their desires for parental time share. The statute allows the judge to determine if they will permit this intervention. At least it is a step to allow the court to personally to hear from the child if that would be appropriate.

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Answered on 12/20/10, 9:48 am


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