One of the most common child custody questions asked is, “At what age can a child decide which parent to live with?”
Typically, there is no specific age when a minor child can decide which parent he or she wants to live with. It is usually up to the judge to decide if parents do not agree on child custody and visitation issues.
When it comes to an older and more mature child, the court will most likely listen to his or her wishes.
California Family Code Section 3042(a) states, “If the child is determined by the court to be of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an order granting or modifying custody.”
In addition, California Family Code Section 3042(b) states, “The court typically has discretionary authority and control over the examination of the child as a witness and can preclude the child from being called as a witness by either party if the court finds calling the child as a witness would not be in the best interests of the child.”
The best interest of the child is the standard for child custody determinations and modifications in California. In most custody cases, putting a child in the middle of a custody battle having to choose between his or her parents is generally not in their best interest and something most children and judges would not want to do.
If you’re searching for a child custody attorney in Orange County, contact the family law offices of Amy M. Montes. We know that in divorces involving children there is often little else that matters more than who will have primary custody of the children, and how they will be raised.
In order to ensure that you and your children are well protected, it is essential that you have professional, experienced legal counsel on your side.
