When parents separate, one of the most challenging decisions is determining who the child will live with. In California, the courts prioritize the child’s well-being and consider the child’s preferences as one of the factors. However, the child’s opinion has limitations in custody decisions.

What does the court consider in custody decisions?

California courts base custody decisions on the principle of the child’s best interest. The court evaluates factors such as the child’s safety, emotional well-being, and the ability of each parent to provide a stable environment. The child’s preference is one factor among many.

At what age can a child express their preference?

California law does not set a specific age for a child to express a preference about custody. However, the court may give more weight to the child’s opinion if the child is mature enough to understand the situation. Typically, children over 14 years old have their preferences considered more seriously, but the judge retains discretion.

How does the court assess a child’s preference?

If the court allows a child to express their preference, the judge may appoint a professional, such as a counselor or evaluator, to assess the child’s views. The court ensures that neither parent influences the child’s choice, making sure it reflects the child’s genuine desires.

What if a child wants to live with the other parent?

If a child expresses a desire to live with one parent over the other, the court does not automatically grant that wish. The judge reviews all relevant factors, such as the child’s emotional needs, the stability of each home, and any potential risks involved.

Remember, while the court may consider the child’s preference, the judge’s primary goal remains to protect the child’s overall well-being.