Legal Question in Family Law in California
My Rights
I am a father with sole physical custody of two children. I want to know at what age are the children given the chioce to decide which parent they want to live with? If that age is before the age of eighteen do I have a legal right to stop them from leaving my home? Why would anyone grant them such a pivotal decision at any age before the age of eighteen?
1 Answer from Attorneys
Re: My Rights
There is no law that sets a particular age when a minor can make his or her own custody decision. The law does say that the court must consider the opinion of the child and give it "due weight and consideration". This means that the court gives very little weight to the opinion of a, say, 7 year old, but very great weight to the opinion of a 16 year old. The age when the opinion becomes germane is probably about 13, depending on the child's maturity, etc. This does not mean that the court is bound by the opinion of even a 17 year old.
Matthew Kremer
Law Offices of Matthew M. Kremer
9665 Chesapeake Drive, Suite 310
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