What does your child want?

Are you going through a divorce?  Do you have a child who is old enough to express his or her views on which parent he or she wants to live with?  In determining the best interest of the child, the court may consider the child’s preference.

According to Family Code Section 3042(a), “If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation.”

In addition, Family Code Section 3042(c) reads, “If the child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child shall be permitted to do so, unless the court determines that doing so is not in the child’s best interests.”

If you are going through a divorce and your child wants to live with his or her other parent, contact an experienced Orange County Family Law attorney who can advise you how to proceed.