California kids rights?

[dallas702]

George1620;

ok, you said "California Age to consent is 12. Good Luck."

Now, show us the statute that backs up your statement.

OP mentioned the use of meth.

 

[crystaly]

I never said the "age of consent".

George is correct. Depending on the child and the situation the age in which they ask the child where they would like to live is 12. But they also take everything else into consideration. Some childrens opinions do not matter at all to the judge. It depends on the maturity of the child in question.

Also, unless the father has proof that the mother is on drugs I suggest he be very careful about slamming her in a court room. The court sees this kind of crap all the time and as far as they are concerned, without reliable proof you are just making stuff up to get the kids. My ex tried to say the same thing about me. I agreed to be drug tested anytime he wanted. And he never got the baby, as a matter of fact he ended up with supervised visitation (but that was for other reasons). But he thought the same thing, that he could walk into a court room and say I was on drugs and get the baby. It did not happen. The courts just do not work like that.

My husband's ex had a boyfriend that lived with her that was busted for possession of meth. My husband took that to court to try to get his kids out of that house and the judge said that wasn't sufficient enough evidence. He had the POLICE REPORT. So it really all depends on the judge and your representation. If you do not know the laws and how to get your message across to the judge you will probably end up getting screwed.

 

[Shay-Pari'e]

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=63578627605+9+0+0&WAISaction=retrieve

There is no specific age in California.

 

[crystaly]

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=63578627605+9+0+0&WAISaction=retrieve

There is no specific age in California.

Oops. You were right, sort of. 12 is just a standard the court uses, but its not the law. the law is as follows.

3042. (a) If a child is of sufficient age and capacity to reason so
as to form an intelligent preference as to custody, the court shall
consider and give due weight to the wishes of the child in making an
order granting or modifying custody.
(b) In addition to the requirements of subdivision (b) of Section
765 of the Evidence Code, the court shall control the examination of
the child witness so as to protect the best interests of the child.
The court may preclude the calling of the child as a witness where
the best interests of the child so dictate and may provide
alternative means of obtaining information regarding the child's
preferences.

 

[casa]

California:
What is the law in California regarding what age the court listens to a childs wish for visitation?
QUOTE]

California Age to consent is 12. Good Luck

That is absolutely not true.

There is verbiage where "a child over the age of 12 MAY" have their wishes taken into consideration...however in CA not only is mediation mandatory- but in contested cases beyond mediation, you are looking at the court appointing or the parents paying for a GAL, CASA or Minor's Attorney to make that decision.

CA child custody is per the "Best Interest" standards.

 

[mukiman]

A very sincere thank you to ALL that have reponded.
I think I have my answer.
But to clarify, I did not say the wife was using meth, just possibly her close friend.
Regardless, my friend (the husband) is sooooo emotionally weak and distraught he is holding off taking any legal action including filing divorce papers with the "HOPE" she will decide to reconcile. Even though she has flat told him she is NOT in love with him and realizes she does not need him to move on. He has a strong personality and I believe she is enjoying the feeling of freedom to do whatever with whoever she wants.Plus rumors are flying about her involvement with another married man in our area. (thats a whole other issue)
I feel very bad for the kids. Both parents have some mental issues going on...
I have given him the name of a good counselor for he and his kids.
Muki

 

[dallas702]

Step 1: Throw some ice cold water in his face

Step 2: Yell at him to wake up

Step 3: If step one didn't work, use the 2X4.

 

[mukiman]

Step 1: Throw some ice cold water in his face

Step 2: Yell at him to wake up

Step 3: If step one didn't work, use the 2X4.

Well none of these worked !!!
Now my firends wife has decided she "may" be interested in him. BUT, he is still living alone in a rented house while she enjoys the large family home and he pays all the bills.But that could change again tomorrow??
My concern is he is going to sell the family home and buy another home nearby possibly with her !! (she has him fooled) she is refering to the new residence as ours.
I told him not to buy anything while this potential divorce is looming. UGH !!!!!!' He's absolutely whipped !!
Muki

 

[BelizeBreeze]

Well none of these worked !!!
Now my firends wife has decided she "may" be interested in him. BUT, he is still living alone in a rented house while she enjoys the large family home and he pays all the bills.But that could change again tomorrow??
My concern is he is going to sell the family home and buy another home nearby possibly with her !! (she has him fooled) she is refering to the new residence as ours.
I told him not to buy anything while this potential divorce is looming. UGH !!!!!!' He's absolutely whipped !!
Muki

Your 'friend' is a P***-whipped idiot. Find new friends.

 

[mukiman]

Your 'friend' is a P***-whipped idiot. Find new friends.

Down boy !!!
Whipped yes !
Idiot maybe......
But unfortunately he loves this woman, has 3 children with her and has been with most of his adult life.
I was not asking for you to berate him only to let me know what advice i can give as a friend in the legal area, based on the suggestions on these boards. :
Thanks, Muki

 

[mukiman]

UPDATE:
Well my pu--y whipped friend finally woke up !
He's going to file for divorce, but is extremely worried (as I'm sure most are) that he will be taken to the cleaners !
Come on all you legal wizards........give me some inside tips for him !!
Any suggestions on keeping this as painless as possible?
Also any good books on divorce, recovery etc... ? He reads a lot.
Thanks Muki

 

[Shay-Pari'e]

UPDATE:
Well my pu--y whipped friend finally woke up !
He's going to file for divorce, but is extremely worried (as I'm sure most are) that he will be taken to the cleaners !
Come on all you legal wizards........give me some inside tips for him !!
Any suggestions on keeping this as painless as possible?
Also any good books on divorce, recovery etc... ? He reads a lot.
Thanks Muki

You just posted yesterday, no mention of him waking up.

When he actually files, come on back for advice.

 

[dallas702]

Tell him to hire the meanest sonofabitch lawyer he can afford.

That would probably be IAAL...........(lol).

 

[wizza]

California:
What is the law in California regarding what age the court listens to a childs wish for visitation?
QUOTE]

California Age to consent is 12. Good Luck

uh yeah you did