QUESTION
Is the opinion of the child ever taken into consideration in a divorce? How?
Asked on Jul 02nd, 2015 on Divorce - California
More details to this question:
Is the opinion of the child ever taken into consideration in a divorce? If so, at what age to the court actually take that opinion into consideration? Thank you in advance.
6 ANSWERS
Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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A child's opinion about whether to live with mom or dad is considered once he or she turns 12 years old. Typically, courts want to encourage the parents to agree on the conservatorship of the children. Consulting the child involved is usually the court's last resort.
Answered on Aug 03rd, 2015 at 12:17 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If you mean the child's opinion about where he wants to live, it can only be taken into consideration if a guardian ad litem is appointed who then weighs the child's opinion based on his age, maturity, intelligence etc.
Answered on Jul 03rd, 2015 at 5:07 AM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If you are talking about custody there is no magic age. A court will generally listen to a child though it will not necessarily do what they want.
Answered on Jul 02nd, 2015 at 7:05 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Very, very rarely. Judge may ask but never a party. Sometimes when he child is age 16 or more the Judge will want to hear from them but below age 16 child testimony is rare in a divorce case.
Answered on Jul 02nd, 2015 at 3:07 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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It is disfavored, as it is putting the child into the extremely uncomfortable situation of testifying "against" one of their parents, these are moments that will be burned into their brain forever, even if they genuinely want to testify and haven't been made to feel they should be one parent. However, generally, at about age 14, the Judge will consider the child's opinions, although they may or may not give them much weight when making the final decision.
Answered on Jul 02nd, 2015 at 2:42 PM
There is no specific age and the courts look skeptically when a child states a preference for one parent over the other. Most children want at least some contact with both parents. The best way to handle this kind of issue is get both parties and the child to a child counseling mediator.
Answered on Jul 02nd, 2015 at 2:41 PM