Legal Question in Family Law in California
In the state of California, how old does a child have to be to decide by himself which parent he wants to live with?
Asked on 8/20/10, 4:30 pm
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
There is no fixed age, contrary to popular belief and the opinion of "sea lawyers." The court makes custody and visitation orders based on the "best interests" of the child.
Answered on 8/25/10, 4:42 pm
Mr. Roach is wrong. There is a fixed age at which a child can decide where to live: 18. Until then the child's wishes are only a factor the court considers. Age and maturity affect how much weight that factor is given, but it remains only one factor. He is right that the ultimate decision must be what is in the best interests of the child.
Answered on 8/25/10, 8:07 pm