Legal Question in Family Law in California
Situation: Parents have 50/50 legal custody, children spend 30% of the time with one parent (every other weekend) and one weeknight weekly, 70% with the other parent at the primary residence.
The children are now 14 and 15 and do not always want to spend the weekend at the parent's house that has the every other weekend, but dad insists they must go. Do children at this age have any rights to say no or can the parent force them?
1 Answer from Attorneys
The children have to go unless and until there is a new order. If the 70% parent wants to file a motion or OSC to modify the custody schedule, the children are old enough that they will be allowed to make their wishes known, and that will be one of the factors considered by the court in determining if a change in the schedule would be "in the best interests of the children."