How Much Does a Child’s Preference Matter in a California Custody Battle?
Posted on: November 17, 2021
Child custody battles are among the most difficult and emotionally draining issues to address in family law. If there is a conflict, it means that the parents argue over who should get more time with their children or who should live with their children.
There are several elements that go into making these selections, but may one of them be a child’s parental preference? It’s a challenging question to pose, but one that frequently arises when parents debate over who should spend more time with their children. After all, shouldn’t the child have a say if the parents are so certain about custody? They can, it turns out, but only under certain circumstances.
How do courts make child custody decisions?
At the end of the day, a judge decides all child custody cases. The judge makes their judgment by considering what is in the best interests of the kid, which is the court’s only responsibility. Parents frequently believe they are entitled to custody of their children just because they are parents, but the court is solely concerned with the child’s interests.
Judges consider a number of considerations while deciding on child custody, including the following:
- The suitability of each parent
- Each parent’s previous experience caring for the kid
- Each parent’s financial ability to provide the child’s basic requirements
- The stability of each parent’s home
- The health and safety of the kid as a whole
- History of domestic violence
- Abuse of drugs and alcohol
- Which parent is least likely to alienate their child
- The preference of a kid (under limited circumstances)
When it comes to child custody, it is illegal for the courts to consider either parent’s sex or gender identity. This means that while seeking custody, it should not matter whether a parent is the child’s mother or father.
When can a child express a custody preference?
In a custody dispute in California, the courts can consider a kid’s choice, but only if the youngster is at least 14 years old. A youngster is regarded capable of expressing an educated opinion on custody and visitation issues at that age.
Judges, on the other hand, are still driven by the principle of making decisions in the best interests of the child. Even if children of adequate age are able to voice their wishes, there is no certainty that the court will make a decision in their favor. However, if nothing else weighs too strongly in one side or the other, a court can depend on the child’s preference to determine custody.
Conclusion
Although extremely young children will not be allowed to choose which parent they live with the most of the time, youngsters aged 14 and above can. The courts will eventually rule in the child’s best interests, but the child’s preference can occasionally tip the scales in a disagreement that is otherwise well balanced.
If you are dealing with a child custody dispute, you should get legal advice and support. Law Office of Michael L. Fell has many years of expertise that we utilize every day to fight for our clients in difficult cases. Reach out to us right away if you need someone to fight for you and your children by calling us at (949) 585-9055 .
