Legal Question in Family Law in California

My step-son is 11 years old, will be 12 in December, his mother has primary custody of him and he visits my husband and I every other weekend. His mother has a live-in boyfriend and our son and he do not get along. He has started not wanting to go home after the weekend is over and any other time he is with us. He get very upset.

Is there an age where he can decide on his own which parent he wants to live with full time? Or do we have to go to court and redo the custody agreement?

Any advice will be most helpful. Thank you!


Asked on 10/18/10, 6:32 pm

1 Answer from Attorneys

No matter what, you need the court's blessing. If the mother will agree, you can stipulate to a new custody schedule and submit it to the court for approval. Otherwise you have to file a motion to modify the schedule. There is no age at which a child gets to choose where he lives. At 11, however, he is at an age where if he is mature and articulate the court will include his wishes in consideration of all factors when deciding what is in the child's best interests.

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Answered on 10/23/10, 6:50 pm


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