How Old Can A Child Be To Make The Decision On Which Parent She Wants To Live With?

At what age can a child decide to stay with one parent?

While no law permits the child to choose their custody status, most California courts believe 14 years of age is old enough to express themselves and the reasons why they prefer one parent over the other.

When can a child say who they want to live with?

Ultimately, it will be at the court’s discretion to determine whether or not addressing the court will be in a child’s best interests. California Family Code Section 3042 states that 14 years is the age at which a child may address the court; however, this does not prohibit younger children from addressing the court

Can a child refuse to see a parent?

In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

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Can a 10 year old decide which parent to live with?

In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.

What if your child doesn’t want to live with you?

If your child is adamant about not wanting to live with you or not wanting to hold any visitation with you, the best thing for you to do is to talk with your child about his/her feelings. Maybe this is just their way of acting out, or maybe they do have some valid concerns that you weren’t completely aware of.

Can a 14 year old choose where they want to live?

There is no fixed age when a child can decide on where they should live in a parenting dispute. Instead their wishes are one of many factors a court will consider in reaching a decision. That time is not attached to any specific age, but is rather the product of maturity and a level of independence.

Can a 16 year old decide where they want to live?

Parents often want to know at what age a child can decide whom to live with. The answer is simply: according to the law, eighteen. However, dissolution of marriage statutes provide that the child’s wish as to where s/he will live is a factor to be considered by a court in making a custody decision.

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Does my 14 year old have to visit her dad?

California courts must consider and give weight to a child’s preference when the child is of sufficient age and ability to voice an intelligent opinion on custody or visitation. If a child is at least 14, the law allows the child to state a custodial preference, unless the judge believes doing so would be detrimental.

What do I do if my child doesn’t want to see a parent?

There are essentially two legal avenues to take in this situation. First, if there is a court order that establishes your visitation schedule, then you can ask the family court to hold the other parent in contempt of court.

How do I prove I am a better parent in court?

Keep a file of the following records to prove that you are a great parent:

  1. Birth Certificate.
  2. Social Security Card.
  3. Academic Transcripts.
  4. Behavioral Reports.
  5. Awards and Certifications.
  6. Health Records.

What age will a court listen to a child?

If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child’s wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.

Can a 10 year old child stay home alone?

Most states don’t have laws stipulating how old a child needs to be to stay home alone. Most experts say that by age 10 or 11, it’s OK to leave a child alone for short periods of time (under an hour) during the day, provided they’re not scared and you think they’re mature enough to handle it.

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Can a dad take his child from the mother?

If you have sole physical custody, also known as, the primary custodial parent, you can take your child away from the mother. However, if you do not have primary custody, it can be virtually impossible to take the child away from the mother.

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