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Confusion over when a child can choose

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Pony1

Member
What is the name of your state? California

Hello,

I have contradicting information and I was wondering if you could help me set things straight. It was my understanding that, in the state of California, when a child reaches age 12 he has a certain amount of say in the formulation of a custody/visitation arrangement. The opposing party says that she researched the law on this and she seems to think that when he reaches age 12 that he can choose where he goes and when, down to day-to-day activities. I'm pretty sure this is not the case? Can you please let me know what the actual law is? Thanks!What is the name of your state?
 


Pony1 said:
What is the name of your state? California

Hello,

I have contradicting information and I was wondering if you could help me set things straight. It was my understanding that, in the state of California, when a child reaches age 12 he has a certain amount of say in the formulation of a custody/visitation arrangement. The opposing party says that she researched the law on this and she seems to think that when he reaches age 12 that he can choose where he goes and when, down to day-to-day activities. I'm pretty sure this is not the case? Can you please let me know what the actual law is? Thanks!What is the name of your state?

My response:

We have discussed this California law extensively, and very recently. Please use the search function, above.

A child's residence can only be changed by the court, and ONLY when there is a legally cognizable "change in circumstances" and that such change is in "the best interests of the child." A child's residence does not change on a whim, or only because a child wants to change residences. So, you are basically correct to question the opposing party - - their "research" is flawed, and probably biased. Ask that party for case citations and statutory citations of their "proof."

IAAL
 

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