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 an 11 year old choose which parent to live with?
Although the law specifically permits
children at least 14-years-old to express an opinion
, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in the …
Can a 12 year old choose which parent to live with?
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.
What age can child refuse to see parent?
Can a child choose not to visit a parent?
The mere age of your child will not determine your family law matter
. There have been cases before the Court where a 17 year old child's wishes were given limited weight because the basis for this child's decision was not balanced.
Can a 13 year old decide who they want to live with?
In general,
young children should not be given the choice of where they want to live
. This can even lead to a child regretting their decision or feeling guilty. Depending on a number of relevant factors, including the child's maturity level, a child's preference becomes more important by about age 12 to 13.
How a mother can lose a custody battle?
A mother who
is proven to have physically and or psychologically abused her children
is highly likely to lose custody of her children. Examples of physical abuse include hitting, kicking, scratching, biting, burning, physical torture, sexual abuse, or any other type of injury inflicted on the child by the mother.
Can a child refuse to see a parent?
Children
over the age of 16 have the legal authority to refuse visitation
with a noncustodial parent unless stated otherwise by a court order.
What happens if a child doesn't want to live with either 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.
How do you prove best interest of the child?
- Prepare a parenting plan. …
- Keep track of your parenting time. …
- Maintain a journal to show you meet parenting duties. …
- Keep a log of child-related expenses. …
- Get reliable child care. …
- Ask others to testify on your behalf. …
- Show that you're willing to work with the other parent.
At what age can child choose custody?
If child is
14 or older
, child has the right to choose the custodial parent. If the child is 14 or older, child has the right to testify in court regarding the preference of custodial parent. If the child is 14 or older, the judge may consider the wishes of the child.
Should you force a child to visit a parent?
You shouldn't have to force a child to attend a visit
. If you have concerns that your child is being abused or harmed by the other parent, then you should contact your attorney immediately.
Can a 15 year old choose which parent to live with?
A child under 14 also gets to address the court if it's in their best interest.
A child 14 or older has the right to select which parent they live with
, unless a judge finds the selected parent does not serve the child's best interests.
What do you do when your child doesn't want to see a parent?
If your child is refusing visitation with your co-parent due to a reason that directly concerns their safety, bring this to the attention of your attorney or other legal professionals immediately. If the reason does not directly impact their safety or well-being, your child should
attend visitations
.
How do I prove I am a better parent in court?
- Birth Certificate.
- Social Security Card.
- Academic Transcripts.
- Behavioral Reports.
- Awards and Certifications.
- Health Records.
What makes a mother unfit in the eyes of the court?
Factors that can lead a court to deem a parent unfit include:
Instances of abuse or neglect
; Willing failure to provide the child with basic necessities or needs; Abandonment of the child or children; or.
Why do mothers get custody over father?
Mothers are
more likely to take more time off work or stay home entirely with their child than fathers
. As a result, young children tend to look to their moms first for basic daily needs and emotional support. The more involved a father can be with his infant and young child, the closer the bond will be.
