In California child custody cases, many parents believe that once a child turns 14, they can choose which parent they want to live with. The truth is more nuanced. While California law allows the court to consider a child’s preference at age 14, that preference does not control the final custody decision. Judges must still focus on the child’s best interests, including safety, stability, emotional needs, and whether the child has been pressured or influenced. Understanding how child preference works can help parents approach custody disputes more carefully.
If you have questions about your child’s preference in a custody case, speak with an experienced California family law attorney before taking action. At Mohajer Law Firm, we can help you understand how the court may view your child’s wishes, protect your relationship with your child, and build a strategy focused on their best interests. Contact us today to schedule a consultation.
Transcript:
Happy birthday, your kid just turned 14. But does that mean they can now choose which parent to live with? It’s not that simple, as California law takes a more balanced and structured approach.
Hi, I’m Sina Mohajer from Mohajer Law Firm. We specialize in Family Law, Estate Planning, Criminal Defense, and Personal Injury.
You probably notice that we are currently indoors and not strolling in a beautiful park like we usually do. Well, we are expecting some rain today, but regardless of rain or shine, I want to take these opportunities to provide you with information that can potentially help you in your case. Although we are not walking in a park, the information you receive is meant to be simplified as if it is just a walk in the park.
So if you like the contents of this video, please hit that like button, and don’t forget to subscribe so you’re always informed of any new videos being posted. And without further ado, welcome to our series, A Walk in the Park.
Child Custody Rights and Child Preference
In this video, I want to address what California law says about child preference, when and how a child’s voice is heard in court, some factors that override a child’s preference, and lastly, what parents should do if their child does have a preference.
Does a Child’s Preference Matter at Age 14?
So what does the law say about a child’s preference? Well, we all have heard the rule that once a child reaches the age of 14, their preference matters, and this is completely true. California Family Code 3042 states that once a child reaches the age of 14, the court shall consider the child’s preference when it comes to custody and visitation.
However, this doesn’t mean the child has the final say, but that the court must only consider their preference. After all, the court has an obligation to make a ruling based on what they believe is in the child’s best interest.
Now, the code also allows a child who is 14 years of age to testify and address the court if they so wish. But again, it doesn’t require the court to allow it if they believe it is not in the child’s best interest.
How Is Your Child’s Voice Heard?
So do kids get to choose who they live with? No, but they do have a voice, which brings me to the question: how and when is that voice heard in court? Well, we talked about how a child can testify or address the court if the court finds it in their best interest to do so. But the court can also allow the child to privately speak to the judge in a private or closed session where the other attorneys can be present, but only the judge can address the child.
Another way a child’s voice can be heard in court is through their attorney. In some cases, a court will appoint an attorney to represent the child, and that attorney holds the privilege to communicate the child’s preference and desires to the court.
But as a parent, it is extremely important to not coach or pressure a child in what to say when it comes to parenting time. Unfortunately, I have seen this far too many times, and it never ends well for the parent who is doing the coaching. They tend to lose custody completely, so be careful what you say to your kids if you find yourself in a custody battle.
Factors That Override Your Child’s Preference
So what factors override a child’s preference? Even if a child expresses a strong preference, the court may deny it if the preferred parent has a history of abuse, neglect, or instability, or the child’s reasoning is based on manipulation, bribery, or even lack of understanding, or even if the living environment may hinder the child’s educational or emotional needs.
You know, a case comes to mind that I’m currently in where a child is refusing to see her father. She believes because she’s 14 years of age, she has this empowerment, and she could decide to violate the court’s order and not attend visits or even participate in phone calls. Now, the court has come to the determination that these behaviors of the child are not due to her own, but rather of that of the mother who is alienating the child from the father. In that particular case, the court is going to change custody from mom to dad in hopes that it will repair the relationship between father and daughter.
What to Do If Your Child Has a Preference
So what should parents do if their child does have a preference? If you are the parent the child prefers, one, avoid influencing or bribing the child. It sounds like a no-brainer, but I see this way too often to not bring it up.
Work with a family law attorney to legally present the child’s preference, or even consider requesting the court to appoint minor’s counsel to represent your child, or even ask for child custody evaluation.
Having someone else advise the court that it would be in the child’s best interest for them to reside with the parent they prefer would come across much better than you claiming the same thing.
Now, if you are the parent that opposes the preference of the child, gather your evidence. The only way to prove anything in court is to have evidence to support your contentions. So gather evidence showing the child’s preference may be misguided or coerced. You should also provide proof of a stable, supportive home environment because remember, it’s not what the child wants, but what the court believes is in that child’s best interest.
Contact Us If Your Child Is Turning 14 and Has a Custody Preference
Now, we address a lot about the child’s preference when they reach the age of 14. We went over what California law says about a child’s preference, when and how a child’s voice is heard in court, some factors that override a child’s preference, and lastly, what parents should do if their child has a preference.
Remember, they don’t get to dictate the court’s order, but their preference does matter. However, the court will always, and I mean always, prioritize the child’s best interests and not just their wishes.
If you’ve got questions about your particular case or circumstances, please feel free to call our office to schedule a consultation. I would be happy to sit down with you one-on-one and figure out the best strategy to take.
And as I stated in the beginning, if you found the contents of this video to be helpful, please hit that like button, and don’t forget to subscribe so you’re always informed of any new videos being posted.