SPARC Forums
State Message Forums => California State Forum => Topic started by: Fair_Rulings on Aug 31, 2005, 07:35:44 PM
Does anyone know the Family Code or Law that says how old a child has to be when they can decide on their own where they wish to live?
From California Family Code:
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.
It does not set a specific age and never allows for a child to have 'final' say. I have heard judges listen to a child as young as 7 and refuse to listen to a child 17.... it is a VERY arbitrary law
TM
this is a sticky issue,, as what happened to us was...12 year old stepson told dad on numerous occasions .. that he wanted to be with dad more.. son spoke with mediator said same.. however, judge decided she wanted to interview child, mother took him to her attorney prior to interview at which time he was told to tell judge.. this and that.. ..which he did, not understanding what would happen,,, judge didnt see he was coached.. therefore she ruled in mothers favor and father actually lost time with son....
So in my opinion do not allow judge to interview your child ....only mediator...otherwise you could be like us.. screwed by the system that we are supposed to put our faith in.
Sounds more like the judge might have suspected PAS. The immediate perscription for that is less time with the alienating parent. I don't think it was the case though, did you appeal?