• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

children's opinons regarding custody

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? California

I found 2 different statements regarding this question, and am unsure as which is the true/most recent.

At what age does a child's opinions/desires regarding custody become valid and allowed to be heard in court? When does a judge take their desires into consideration?

Answer #1 said 14 years old.

Answer #2 said a "reasonable age". If this is true, how is a "reasonable age" determined? A very well spoken 5 year old? A 14 year old who lacks maturity but is simply old enough?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? California

I found 2 different statements regarding this question, and am unsure as which is the true/most recent.

At what age does a child's opinions/desires regarding custody become valid and allowed to be heard in court? When does a judge take their desires into consideration?

Answer #1 said 14 years old.

Answer #2 said a "reasonable age". If this is true, how is a "reasonable age" determined? A very well spoken 5 year old? A 14 year old who lacks maturity but is simply old enough?
When the child reaches the age of majority is the correct answer.
 

CdwJava

Senior Member
At what age does a child's opinions/desires regarding custody become valid and allowed to be heard in court? When does a judge take their desires into consideration?
At whatever age the judge feels is relevant. So, that would likely be when the judge feels they are of a "reasonable age" to have such input and whether or not the judge feels their input is necessary and relevant.
 

cbg

I'm a Northern Girl
If you are looking for the age at which the child's wishes are BINDING, see tigi's answer.

If you are looking for the age at which the judge will consider, but not necessarily go along with, the child's wishes, see Carl's.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top