whats the law on age of kids?

Question

fighting for custody, with no lawyer!! What's the law on age that children can decide what parent they want to live with? Anyplace I can find exact number. I only found family code 'children must be of reasonable age to form an intelligent decision' or something like that. My kids are 15 & 16- we live in California.

Answer 1

In California, there is no fixed age at which a child’s preference will control this decision; the child must only meet the following definition (which you already know):

“If a child is 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.”

Whether a child meets the definition of “sufficient age and capacity” depends upon the facts of the case. The child’s chronological age is not the only determining factor. For example, a sixteen-year-old child may still be too immature to be able to decide where he wants to live. On the other hand, a ten-year-old child who is unusually mature might be granted her expressed preference. In general, however, the older the child, the more likely it is that the judge will consider the child’s residence preference.

Another concern that divorcing parents must consider is how to get the court to listen to the child. Judges like to avoid having children testify in court, and they look for ways to obtain the child’s input without having to do so by live testimony. Sometimes, a judge will interview the child in chambers, but such interviews are not as common as they once were. More recently, family law judges are appointing attorneys to represent children in child custody cases. The Family Code permits a judge to appoint an attorney to represent the child. This attorney is authorized to interview the child and to present her opinions to the court as evidence.

The judge can also appoint a mental health professional to conduct a detailed child custody evaluation. When this is done, the evaluator conducts lengthy interviews with the children, their parents, and other “collateral references.” On occasion, the evaluator will administer standard tests to the participants. At the end of the evaluation process, the evaluator usually prepares a detailed report that discusses the children and their parents in detail. Where the child has expressed a preference, the mental health professional can determine if the child meets the requirements of Family Code §3042(a).

Answer 2

Hello!

16 is a lock. children can legally be emancipated at the age of 16. barring an unforeseen circumstance (i.e, severe mental retardation) a 16 year old can make all legal decisions regarding their well being / personal preference in a custody case.

15 is almost a lock. 15 is the age where "intelligent decision" is the major role player. so long as your 15 year old hasn't been in trouble with the law, or your character hasn't been brought into question, you should be fine.

good luck.

Answer 3

In general:

Aged up to 7, child not capable of making informed choice (although most courts will listen to the opinion of a child this age, it is not required that the judge give it a lot of weight.

Aged 7 to 14: presumed that the child can make a reasonably informed choice; however, one parent may present evidence that the child is too immature.

Aged 14/15 - up: In the absence of a well-documented history of mental incapacity, child is given the choice. It takes a 'huge' amount of evidence to go against the child's choice.

Answer 4

Is this a war between you and your ex where the children are collateral damage? Did you ever ask yourself what is best for the children?
Did you know a boy with out a father is more likely to drop out of high school than graduate?

Answer 5

They have a choice at that age.Mine was 5 yrs an told the Judge he want to live with his dad took a few time before it happended.I raise him.

Answer 6

in Indiana the age is 12 years old.