Q: Does a child have the legal right to choose which parent they live with in California?
A: Not exactly. California law does not give children the unilateral right to decide where they will live. However, the Family Code does require courts to consider the wishes of a child who is of sufficient age and capacity to form an intelligent preference regarding custody. There is no specific age at which a child’s preference becomes automatically determinative, as the court retains ultimate discretion to make custody decisions based on the best interests of the child. At Primus Family Law Group, located in San Diego, our California Certified Family Law Specialists help clients understand how a child’s expressed preferences may factor into their specific custody matter.
Q: At what age does a child’s preference carry more weight with the court?
A: California Family Code Section 3042 provides that if a child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child must be permitted to do so unless the court determines it is not in the child’s best interests. For younger children, the court has broader discretion in deciding how much weight to assign to their stated preferences. Managing Partner Bonnie A. Rabinovitch-Mantel, a California Certified Family Law Specialist with over two decades of exclusive family law experience, regularly advises San Diego County clients on how to appropriately present evidence of a child’s preferences without placing undue pressure on the child.
Q: How does the court hear from a child about their custody preferences?
A: Courts use several methods to receive input from children, including testimony in chambers, the appointment of a minor’s counsel to represent the child’s interests, or a custody evaluation conducted by a licensed mental health professional. San Diego is a “recommending county” which means that the parties, and sometimes the children, are required to participate in Family Court Services which prepares a report on what custodial arrangement is in the best interests of the children. Each approach is designed to allow the child to express their views in a setting that minimizes stress and conflict. Senior Litigation Specialist Kimberly M. Soule, a California Certified Family Law Specialist, has extensive experience in contested custody proceedings, is often appointed by the court as minor’s counsel and understands how to effectively advocate for her clients throughout San Diego County.
Q: What if one parent is influencing the child’s stated preference?
A: Courts are alert to situations in which a child’s expressed preference has been shaped by coaching, manipulation, or parental alienation rather than the child’s own genuine wishes. Evidence of such influence can significantly affect the court’s assessment of both the preference itself and the fitness of the parent engaging in that conduct. Wayne J. Rice, California Certified Family Law Specialist, who has over two decades of experience in San Diego family law, brings substantial depth to complex custody matters involving allegations of parental influence and advocates firmly for outcomes that reflect the child’s authentic best interests.
Q: How can Primus Family Law Group help me navigate custody preferences in my case?
A: Our firm is located in Mission Valley and proudly serves families throughout San Diego County. The attorneys at Primus Family Law Group are zealous advocates for what is right and reasonable, and we bring over 50 years of combined experience to every custody matter we handle. Contact us today at 619.574.8000 or online at www.primusfamilylaw.com to schedule a free 30 minute telephone or zoom consultation.