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California kids rights?

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M

mukiman

Member
California:
What is the law in California regarding what age the court listens to a childs wish for visitation?
I have had a few friends whose kids were given a choice by the courts.
I'm asking because I have a close friend whose wife of 18 years told him she wants her "freedom". Because of some of the actions that havve followed he feels she may have mental/chemical inbalance or something else going on.
Her behavior flip flops drastically from wild sex with him one day to not wanting anything to do with him the next.
He has moved out and established a new home. Now that divorce is looking imminent he is concerned about his kids being with her and her unstable behavior. Should he demand a psych evaluation?
Plus there have been misc. male visitors to the home when the divorce papers are not even filed yet.
Additonally he just found out one of her closest girl friends may be taking metamphetamines. These are suburban housewives !!!
The kids are 14,13(boys) and a 7 year old girl.
Anyone have something wise or encouraging I can tell him?
He knows he's going to get screwed financially in the divorce as well.
Thanks Muki :confused:
 


I

i79wvufan

Junior Member
Well he'd better get his sleeves rolled up I hate to say. There is no encouraging words I can give you except he needs to get all the evidence he can and even then the kids get to make up their own mind at a certain age no matter what. He needs to prove her unfit and get on it now. Just read my posting and you'll see what the court does here in WV. Good luck to your friend and may god bless these young kids that are put into homes that are unfit.
 
L

lisagr33

Member
Most states will listen to an older child say over the age of 12 (depends on state). The judge will take into consideration the child's wishes but it will ultimately be the judge who decides what is in the best interest of the child. Your friend needs to consult with an attorney regarding any kind of psychological testing to be done. He can explain to the attorney exactly what you have posted here and the attorney can tell him what the best course of action is.
 
M

mukiman

Member
Thanks for the feedback.......... i think the kids will be ok because so many are looking out for them. Its my friend ( the husband) that I'm worried about. Emotionally he is devastated (never saw this coming) and financially he will be drained by this as she is going for the $$$$. He is the owner of a motrgage business and she is listed as 50% partner although she has never really worked there and has nooo training in this field.
Is he best to liquidate the co. and re-build on his own?
Muki
 
V

VeronicaGia

Senior Member
mukiman said:
Thanks for the feedback.......... i think the kids will be ok because so many are looking out for them. Its my friend ( the husband) that I'm worried about. Emotionally he is devastated (never saw this coming) and financially he will be drained by this as she is going for the $$$$. He is the owner of a motrgage business and she is listed as 50% partner although she has never really worked there and has nooo training in this field.
Is he best to liquidate the co. and re-build on his own?
Muki
Click to expand...
it is best if he doesn't do anything because a judge could make him pay for it even more.

Why didn't he take the kids and file for custody and child support?
 
LdiJ

LdiJ

Senior Member
mukiman said:
Thanks for the feedback.......... i think the kids will be ok because so many are looking out for them. Its my friend ( the husband) that I'm worried about. Emotionally he is devastated (never saw this coming) and financially he will be drained by this as she is going for the $$$$. He is the owner of a motrgage business and she is listed as 50% partner although she has never really worked there and has nooo training in this field.
Is he best to liquidate the co. and re-build on his own?
Muki
Click to expand...
No...that isn't wise at all. Buying her out is what is wise. Anything else is likely to get him into serious problems with the judge.
 
M

mukiman

Member
VeronicaGia said:
it is best if he doesn't do anything because a judge could make him pay for it even more.

W\hy didn't he take the kids and file for custody and child support?
Click to expand...
:eek:
He has the kids 5o% right now.
He would gladly take them full time but she has no job or income so how would she be ordered to pay support? I figure the best he could hope for would be a reduction in her support. Plus from what I understand, it's hard for a mother to lose custody of her kidsin California.
 
D

dallas702

Senior Member
CA age of consent is 12? I doubt that, but maybe IAAL will see this and clarify. This site gives some info, but for sexual considerations CA age of consent is 18. http://www.ppacca.org/site/pp.asp?c=kuJYJeO4F&b=139575

If he has any evidence, or even a strong belief that she is using meth, he should do everything possible to get the kids away from her. It doesn't matter if it's 12, 14, or 16. He has a younger girl that wouldn't be halped at all if the older boys weren't around to protect her. Meth makes people do things they wouldn't ordinarily even dream of. I've seen parents who were great with their kids until they got hooked on meth. Then, the bottom just drops out of their lives. Nothing matters except getting the dope.

Have him talk to any known meth user. They can tell him if she is using or not.
 
Last edited:
G

George1620

Member
dallas702 said:
CA age of consent is 12? I doubt that, but maybe IAAL will see this and clarify. This site gives some info, but for sexual considerations CA age of consent is 18. http://www.ppacca.org/site/pp.asp?c=kuJYJeO4F&b=139575

If he has any evidence, or even a strong belief that she is using meth, he should do everything possible to get the kids away from her. It doesn't matter if it's 12, 14, or 16. He has a younger girl that wouldn't be halped at all if the older boys weren't around to protect her. Meth makes people do things they wouldn't ordinarily even dream of. I've seen parents who were great with their kids until they got hooked on meth. Then, the bottom just drops out of their lives. Nothing matters except getting the dope.

Have him talk to any known meth user. They can tell him if she is using or not.
Click to expand...
Who said anything about sexual considerations and meth?
 
S

Shay-Pari'e

Senior Member
George1620 said:
The age a child can consent or have an opinion for visitation is 12 in california. I answered the OP's question?
Click to expand...
Care to show the statute on this? It is also not called "The age of consent".
 
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