Many parents ask us whether their child has a say in what the child custody and visitation arrangement is. People want to know if the judge will listen to the child’s input when making a child custody/visitation order. Some parents ask whether the child gets to choose with whom he or she wants to live.
The answer will depend on the age of the child and also on the judge. If the child is too young, then the child’s preferences are entirely irrelevant. If the child is old enough, certainly most judges will want to hear the child’s point of view, although most judges will not make a decision based entirely on what the child wants.
How do you know when the child is old enough to have a voice? You don’t. It will depend on the judge. A good rule of thumb is 15 years old. Most judges will listen to what a 15 year old’s opinion on the matter. A judge will give less weight to the opinion of a 12 year old or even a 14 year old.
16 and 17 year old children, of course, are more likely to have their opinions heard. Of course, this does not mean that the judge will do whatever they ask—it just means they will consider it when making a decision.
If you are going through a child custody and visitation dispute, call us if you have any other questions. We are here to answer your questions.
If you or a loved is going through a divorce, the family law attorneys at Wallin & Klarich can help you through the process. Our experienced California family law child custody attorneys can provide you with legal advice and will be your advocate in a family law court. If you’re thinking of hiring an attorney for a family law matter, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form.
