A child 14 or older has the right to select which parent they live with, unless a judge finds the selected parent does not serve the child’s best interests. The judge considers the desires of a child at least 11 but not yet 14.
Can my 11 year old choose to live with me?
For children below the age of 14, there is no presumption whatsoever regarding their desires. There is, however, a rule that allows for children between the ages of 11 and 14 to make their desires heard. … The judge has broad discretion as to what to do with the child’s election.
Does an 11 year old have a say in custody?
Whilst children cannot be made to give their views, any views that they do express (through a family report or an independent children’s lawyer) must be considered. … That said, the views of most 8-11 year old children will generally hold some weight when it comes to deciding what is in their best interests.
Can a 12 year old decide who they want to live with?
If the child is 12 or older, the judge may consider the wishes of the child. The judge may consider the wishes of the child as long as the judge determines that the child is “of sufficient age and capacity.”
Can I choose to live with my dad at 12?
In California, there is no specific age when a minor can “choose which parent” they want to live with. However, the preference of the child is one of the factors under the “Best Interests of the Child” Standard. In general, the older the child is, the more their preferences count.
What age can a child refuse to see their father?
Legally, Your Child Can Refuse Visitation at Age 18
When your child reaches 18, he or she is an adult. Adults can decide who they spend time with. You will not be able to force your child to continue to see you. A family law court will no longer be able to enforce any possession or visitation clauses over an adult.
What happens if a child doesn’t want to visit the other parent?
A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges. The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits.
How can a mother lose custody?
5 Ways A Mother Can Lose Custody of Her Child in California
- Serious Neglect and Being an Unfit Parent. Serious child neglect can be used as grounds to take away a mother’s rights to child custody. …
- Violating a Custody Order. …
- Domestic Abuse. …
- Inadequate Co-Parenting Skills. …
- Emotional Instability or Substance Abuse.
What happens if a child doesn’t want to live with either parent?
In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. … Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
What age does a child have a say in court?
If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child’s wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.
What questions does a judge ask a child?
Here are some questions that a judge may ask during a child custody hearing:
- What Is Your Financial Status?
- What Type of Custody Arrangement Are You Seeking?
- How Is Communication With the Other Parent?
- Do You Have Any Existing Arrangements?