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CHOOSE what parent to go live with even if the other parent lives in another state?

2007-11-18 13:56:22 · 9 answers · asked by Tbrat 5 in Politics & Government Law & Ethics

9 answers

Here's what California says about it under custody laws:

Child's Preference

As with an initial custody determination, the court is required to "consider" and give "due weight" to the preferences of a child of "sufficient age and capacity to form an intelligent preference as to custody." [Ca Fam § 3042]

Whether the minor is of "sufficient age and capacity" (so as to satisfy the threshold prerequisite to consideration of the child's wishes) varies with each child. The requisite maturity is not measured by any particular chronological age. Generally, courts become more receptive as the child approaches teenage years, but some courts will listen to children as young as seven or eight

2007-11-18 16:10:52 · answer #1 · answered by Anonymous · 0 0

No. The California courts will consider the wishes of older children, around 12 and up (it varies from county to county). Of course, if a 6-year-old voiced a strong opinion, and that was communicated to the judge, it would probably be taken into account.

2007-11-18 14:43:37 · answer #2 · answered by LawMom 3 · 0 0

No, that is not true at all.
At age 6, a court will consider the opinion of the child, BUT the childs opinion is NEVER determinative.

2007-11-18 13:59:24 · answer #3 · answered by cyanne2ak 7 · 0 0

No, they can make that choice at age 18, when they become an adult.

As long as the child is a minor, the judge decides.

2007-11-18 14:32:00 · answer #4 · answered by Anonymous · 0 0

No way! I believe at age 15 a child can pick who they live with.

2007-11-18 14:04:40 · answer #5 · answered by Anonymous · 0 0

I dont think...in the state of Indiana I always heard it was 13...

6 is an awful young age...

2007-11-18 14:04:00 · answer #6 · answered by Mommy_Sarah 3 · 0 0

I thought it was age 12....nationwide.

2007-11-18 14:17:06 · answer #7 · answered by >>Phoenix<< 6 · 0 0

I don't think so.

2007-11-18 14:04:39 · answer #8 · answered by mell mell 3 · 0 0

idk but i dont think they should b able to

2007-11-18 13:59:25 · answer #9 · answered by Madi 1 · 0 0

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