How Old Does a Child Have to Be to Choose Which Parent to Live With in California?
One of the most emotional decisions when parents divorce is determining where a child will live. Many parents and children in California wonder whether a child can have a say in that decision. While California courts may consider a child’s preference, there are specific rules and limitations. A court must always make the decision that is in the best interests of the child. If you want to help you in making this decision, you can contact a child custody lawyer.
Will a Court Allow My Child to Choose Which Parent to Live With in California?
California Family Code § 3042 outlines how a child’s preference for which parent to live with may influence a court’s decision. Your child does not have the final say on which parent they will live with, but a court may consider their wishes, and your child’s voice may be powerful. California law aims to balance a child’s voice with their overall best interests.
Children 14 Years Old or Older
A court in California is generally required to allow children who are 14 years old or older to express a preference regarding custody or visitation unless doing so would be harmful. Judges typically provide a safe opportunity for children to share their thoughts. However, your child’s preference will not be binding. The court must evaluate whether the choice supports your child’s emotional and physical well-being.
Children Under 14 Years Old
A court in California has the discretion to decide whether to consider a child’s preference regarding custody or visitation if they are under 14 years old. A younger child’s preference may be heard if the judge believes the child can make a reasoned and voluntary choice. However, the court is not obligated to follow that wish, and it may disregard it if it conflicts with your child’s best interests.
A court will weigh several factors, such as age, maturity, stability, and potential safety risks, before reaching a decision.
What Is The “Best Interests of the Child” in California?
The “best interests of the child” is the standard California courts use to make custody and visitation decisions. This standard is defined in California Family Code § 3011, which focuses on promoting the child’s health, safety, welfare, and overall well-being.
Courts in California have broad discretion to evaluate several factors to determine what custody arrangement will best serve your child.
Some factors that may be considered include:
- The health, safety, and welfare of your child
- A history of abuse by a parent or another person
- The nature and amount of contact your child has with both parents
- A history of drugs, alcohol, or other substances
- The role each parent has played in caregiving and supporting your child
- Each parent’s willingness to support a healthy relationship with the other parent
No single factor controls the outcome. Judges weigh all relevant information to decide custody in a way that best serves a child’s overall well-being.
What Are the Risks of Parental Influence?
Judges are very cautious when they suspect a child’s preference for which parent to live with is shaped by manipulation. Encouraging a child to “choose sides” can be damaging and may backfire. Courts frown on this behavior because it places emotional pressure on a child and potentially interferes with the other parent’s custodial rights.
Parents should focus on fostering a healthy, non-coercive environment where their child feels safe expressing honest feelings. If a court believes a parent has attempted to improperly sway the child, it may negatively affect that parent’s credibility and custodial rights.
Facing a Child Custody Fight? Contact a Beverly Hills Child Custody Lawyer Today
Children do not have control over where they live in California, but their voice becomes increasingly important as they get older—especially at age 14 and beyond. Courts try to balance respecting a child’s wishes with their safety and welfare.
Parents should tread carefully when discussing custody with their children and avoid placing them in the middle of disputes. A Beverly Hills child custody attorney can help you approach the process.
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586