How old must a child of divorced parents be to be able to decide which to live with?

Question

In the state of California

I am the child (age 13) and i am asking because my mother the parent i live with at the moment is considering moving and this would be right before i enter high school so i would have to start all over which i do not mind so much but i have moved so many times in the past that im not sure if i want to do it again. I love both my parents very much and do not favor either or and i would like to think that i am mature enough to make a decision thats best for me but i also realize that i am just a child, and possibly dont even have the right to decide. So this is why i am asking how old i must be in the state of California to be able to decide who to live with if I should have to.

Answer 1

i think it is 12

Answer 2

If you are old enough to ask, you're old enough to decide, and also old enough to decide in the manner you approach the situation. You have a valid point, your parents will also have valid points. I'd recommend you make an appointment (dinner) with both so all three of you can discuss the matter. I think you'll be surprised. I'm a father of six, and have 5 stepkids. I've been through this with a few of mine. I see both sides and found that talking with each other is th best start, rather than jumping straight to the courts. You might find that both may agree on one place or the other, maybe not what you wish it to be......good luck.

Answer 3

Preferences for Award of Custody
California law requires courts to give child custody first to "either parent according to the best interests of the child." If the court cannot decide based on that "best interest" test, then custody should be awarded to "the person or persons in whose home the child has been living in a wholesome and stable environment". In making a decision on custody the court can consider the wishes of a child who is "of sufficient age and capacity to reason" and make a preference. That age, as a rule of thumb, is 13 -- but the courts and mediators frequently consult the wishes of children substantially younger -- and give those wishes appropriate weight.

Answer 4

In California there is actually no "official" age on the law books. The court will take into consideration the child's reasons for wanting to live with one particular parent and weigh that in with what would be in the child's best interest. I know of a child who was 7 years of age who chose to live with his father and his father was awarded permanent custody. I also know a case of three teen aged girls (oldest was 17) who wanted to move with their dad to Hawaii but the court decided their mother in California should get permanent custody.
You might want to discuss with your parents the half year custody arrangement. Half of the year one parent has custody of you, the non custodial parent pays child support the custodial parent claims you on their income tax for half the year. The other half you live with the other parent and the same financial arrangement is made. My father and his first wife had this arrangement with my step sisters and it worked out quite well for everyone involved. I suggest this arrangements because I doubt the court would change the custody arrangement as it is just because you don't want to move. What is in the best interest of the minor isn't always what the minor wants.

Answer 5

as long as the child can talk and state his or her feelings about either parent, the decision maker will take it into consideration, or at least should....but the final decision is often mae between the better of the two. this is all based on the decision being made by the court and the parents are fighting over the child. if not and the decision is being made solely by the child (poor lil thing) then I would say maybe the age range of 10 or older....

Answer 6

16

Answer 7

It depends on the county and state you live in. Most places say 18, although what's the point. Courts do take kids' preferences into consideration when they are around 10-12. If you have a strong preference and you are a kid, you might want to ask the court to appoint you a guardian ad litem, which is your own attorney for the procedings. They will fight for what you want...you are the client. Good Luck

Answer 8

I would say it depends on the maturity of the child and also his or her reasons for the decisions,is one parent more linient and the other strict in the chids eyes? I would have both parents and child have a thorough discussion and lay out everything on the table and ask the child to take at least a week to make a decision.

Answer 9

I don't know if there is an official age. Hopefully the parents know the child needs both of them and can discuss it in a civil manner. The kid should have some input but not based on something stupid like which house has the most advanced X-box.

Answer 10

16 or 18

Answer 11

I'm in California and the age is 12....You better think about this really hard tho...Maybe you can make arrangements between you three and you can stay here during school and the other parent in the summer....