Do children get a say in who gets custody?

If the child is 14 or older, child has the right to testify in court regarding the preference of custodial parent. If the child is 14 or older, the judge may consider the wishes of the child. If the child is 12 or older, the judge may consider the wishes of the child.

What age can a child pick who they want to live with?

Depending on a number of relevant factors, including the child’s maturity level, a child’s preference becomes more important by about age 12 to 13. By the time the child reaches 15 or 16, the court may end up granting custody based on the child’s wishes, within reason.

How is custody determined in CA?

In California, either parent can have custody of the children, or the parents can share custody. The judge makes the final decision about custody and visitation but usually will approve the arrangement (the parenting plan) that both parents agree on.

Who gets the family home in a child custody case?

Sometimes, the parent who stays in the family home is granted custody of the children because it allows the children stability and continuity in their daily lives. Sometimes, the parent with custody is awarded the family home, for the same reason.

How do I go to court for a child custody case?

Contact your local Court Administration about procedures in your court. Where you go for court will depend on the type of case you have that involves child custody, so if it’s a divorce case, you may go to Family Court, but if it’s a child protection case, you may go to Juvenile Court.

What happens when one parent gets sole custody of a child?

When one parent is granted this by the court, that doesn’t take away the other parent’s right to be a part of their child’s life. Courts do not grant sole custody unless there is a legitimate reason.

How does child custody work in a divorce?

During divorce proceedings, the court will grant physical custody to one parent. Courts don’t do this to punish the other parent but rather to ensure continuity in the life of your child. Generally, you need to show that your child is better off with you than your child’s other parent. This can include evidence of: