Can a child's preference influence custody?
Understanding how custody decisions are made becomes crucial when you're going through a divorce or separation involving children in California. The court's primary goal is always to determine an arrangement serving the child's best interests.
California judges must consider many factors in custody cases and your child's preferences can play a significant role. However, judges aren't obligated to follow these preferences if they believe another arrangement better serves the child's needs. The law requires judges to give "due weight" to the wishes of children mature enough to form an "intelligent preference."
Factors that judges consider
If you and the other parent can't reach a custody agreement, California courts determine what's best for your child. Judges evaluate several key factors, such as:
- Each parent's ability to provide a stable, loving environment
- The health and safety of the child
- Any history of domestic violence or substance abuse
- The child's ties to school, home and community
- The relationship between the child and each parent
A child's preference becomes more influential as they mature. California law requires judges to hear from children 14 and older unless it harms them. For children under 14, judges decide case-by-case whether hearing from them is appropriate.
Your child might not need to testify in open court, which can be stressful. Instead, the judge might speak with them privately in chambers, appoint a guardian ad litem to represent their interests or have a professional evaluator assess their wishes and needs.
Can a child influence an existing custody order?
Until your child turns 18, they legally cannot refuse to follow a court-ordered visitation schedule. The custodial parent is responsible for encouraging compliance. However, courts recognize the practical challenges of forcing older children to visit a parent they strongly resist seeing. This doesn't mean teenagers control custody arrangements, but their persistent refusal might prompt reconsidering current orders.
You can request modification of custody or visitation orders when circumstances change substantially. Common reasons include relocation, changes in work schedules, concerns about a child's safety or significant shifts in a child's needs. California requires parents to attempt mediation before taking custody disputes to court.
Legal assistance for determining custody
An experienced child custody attorney can guide you through this complex process, whether you're establishing an initial custody arrangement or seeking modifications. A skilled lawyer can gather evidence supporting your position, prepare you for mediation, represent your interests in court and help you understand how your child's preferences might influence the outcome. Most importantly, they can help you focus on creating a stable, supportive environment that serves your child's best interests.
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