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Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In California, the court may consider a child's preference regarding which parent they want to live with primarily when the child is of sufficient age and capacity to form an intelligent preference. While there is no specific age set by statute, the preference of a child who is at least 14 years old will be given more weight, unless the court determines that it is not in the child's best interest to do so. This is in accordance with California Family Code Section 3042. However, the child's choice is not determinative. The court will assess the child's best interests based on multiple factors outlined in California Family Code Section 3011, which include the child's health, safety, welfare, and the nature of the child's relationship with each parent. The court's primary concern is the child's welfare, and the child's preference is one of several factors the court will consider in making a custody determination.

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Child custody

child's choice on where to live

Individual & Family Legal Plan

Articles

California State Code

California State Code

Child custody

child's choice on where to live

Articles