Child Custody & Visitation
Is a Child Able to Decide Which Parent They Want to Live With in a Child Custody Case?

Is a Child Able to Decide Which Parent They Want to Live With in a Child Custody Case?

Date: Nov 15, 2023
In: Child Custody & Visitation

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Is a Child Able to Decide Which Parent They Want to Live With in a Child Custody Case?

Navigating the complexities of child custody cases is often a challenging endeavor, fraught with emotional turmoil and legal intricacies. At Miranda, Magden & Miranda, LLP, we provide the guidance you need during your family law matter. One question that frequently arises in child custody disputes is whether a child can choose which parent they want to live with. Our attorneys can help you explore what arrangements may be appropriate for your child at a consultation.

Understanding Child Custody Laws in California

In California, the law does permit a child to voice a preference in custody proceedings. However, it is not as straightforward as the child making a choice and the court honoring it. The court’s primary concern, above all else, is the child’s best interests. Several factors contribute to this determination.

Factors Considered by the Court

The age of the child plays a significant role in these proceedings. In California, children aged 14 or older have the right to express their custodial preference unless the court believes it is not in their best interest. For children under 14, the court exercises discretion in considering their wishes.

However, a child’s preference is not the only determinant in custody cases. It forms part of a larger puzzle. The court also assesses each parent’s fitness, the child’s health, safety, and welfare, the amount and nature of contact with both parents, any history of abuse, and each parent’s home environment’s stability.

Role of Child’s Preference

In certain instances, the court may decide that the child’s preference aligns with their best interest. For example, if a mature 15-year-old prefers to live with one parent due to school proximity or because that parent provides a more stable environment, the court may give this preference considerable weight.

Conversely, there are cases where the court may not follow the child’s preference. If a child chooses a parent because they are more lenient with rules or promise lavish gifts, the court may determine these are not valid reasons to grant custody and may not be in the child’s best interest.

The court also takes into account the child’s maturity level when assessing their preference. A mature child who presents sensible reasons for their preference is more likely to have their opinion given more weight than a younger child or one who appears influenced by other factors.

The Court Process

Even if a child can voice their preference, they will not be compelled to do so. The child’s preference can be communicated through a custody evaluator, an investigator, or an attorney representing the child. 

Talk to Our Attorneys

While a child’s preference can influence California child custody cases, it is not the deciding factor. The court prioritizes the child’s best interests over their expressed preference.

Navigating child custody cases necessitates legal guidance. If you need guidance regarding child custody and the role your child’s preference might play, reach out to Miranda, Magden & Miranda, LLP. With experienced attorneys ready to provide personalized legal services, we can guide you through this challenging time. Contact us today for a consultation.

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