QUESTION
At what age can my son decide with which parent he wants to live?
Asked on Aug 18th, 2014 on Family Law - California
More details to this question:
My son will turn 12 in December. Over the last few years during his visitations with me he has shown signs that he does not want to return home to his mother, who is the custodial parent. A few weeks ago, during his summer vacation with me, he communicated very strongly that he wants to live with me. His mother has rejected outright this idea. Is there an age where the courts will more heavily consider his wishes over the wishes of his custodial parent?
1 ANSWER
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Richard Helzberg
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Children don't decide, adults do. However, the court does take the wishes of a child into its determination of custody and visitation, the weight of those wishes a function of the child's age and maturity. If a child is 14 or older, there is the possibility that he could address the court (speak with the judge). Family Code §3042.
Answered on Aug 19th, 2014 at 1:09 PM