Child Custody Blog: A Blog about Child Custody and Divorce

Child Custody Blog was created to provide our visitors with helpful and news worthy content, information, media, and commentary on the subject of Divorce and Child Custody. While this blog is primarily textual, you will find images, video and other media related to custody and divorce such as famous child custody battles, famous divorces, custody tips and more...

What Age Can a Child Decide Which Parent to Live With?

November 26th, 2010 · No Comments

At what age can a child decide which parent to live with?” This is one of the most frequently asked questions among parents involved in a child custody and visitation situation. It would seem that the answer would be a simple one however it typically is not. A child’s preference for custody and visitation is usually only one of many factors the court may take into consideration and weigh against all other relevant factors in determining the overall best interest of the child. The overall best interest of the child being the standard the court typically uses in custody determinations and custody modifications. So there is generally no magic number or specific age when a minor child can decide which parent to live with. It is usually up to a judge or a court to decide. The judge or court will likely use its discretion taking into consideration the age and maturity of the child and specific facts of the case. The older, more mature and more sound the reasons are for a child’s preference the more likely the court will take the child’s wishes into consideration and give due weight to it. In California for example, if the child is determined by the court to be of “sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an order granting or modifying custody” (California Family Code Section 3042(a)). For additional information visit my full article on what age can a child decide which parent to live with. For legal advice you’ll want to speak with a child custody attorney about your situation and the child custody laws in your state.

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Tags: Divorce · Family Law · Judges · Child Custody FAQs · Child Custody · Custody Battles · Joint Custody · Child Custody Laws · Unmarried Child Custody · Sole Custody

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