Child Custody
As children grow, their voices start to matter more in custody decisions. In California, the law allows a child’s preference to be considered when custody arrangements are revisited—but it’s never the only factor. Judges weigh those wishes against the broader standard of the child’s best interests, looking closely at the reasons behind the preference and whether the arrangement truly promotes stability and well-being.
Child Custody
As children grow, their voices start to matter more in custody decisions. In California, the law allows a child’s preference to be considered when custody arrangements are revisited—but it’s never the only factor. Judges weigh those wishes against the broader standard of the child’s best interests, looking closely at the reasons behind the preference and whether the arrangement truly promotes stability and well-being.
Your child’s voice matters—but so does their long-term well-being
When parents divorce, the child custody orders made at the time are based on what is in the best interests of their shared children, whether they can come to an agreement or the court decides for them. If the children are quite young, the decision is one that is likely to be made for them by adults, with little direct input from them. As children get older, though, they may develop strong, considered opinions about which parent they prefer to live with, which can be especially relevant in cases involving children contesting custody in California. Changing circumstances can also mean that a custody arrangement that previously worked is no longer ideal to promote the children’s welfare.
In such cases, a custody modification can be requested, and California law recognizes that children have the right to have their wishes considered as part of the court’s decision. That preference is only one factor that courts examine, however, and the weight a child’s opinion is given in the overall decision-making process is influenced by the reasons behind that preference. As in the original court order, the overarching concern is what arrangement will be in the best interests of the child.
Where Child Preference Fits into California’s Family Code
In California, stated public policy is that the “health, safety, and welfare of children” is the court’s primary concern in determining their best interests regarding physical or legal custody. The factors it is to specifically consider are laid out in Family Code § 3011, and include any history of domestic violence or abuse, the nature and amount of contact with both parents, and any habitual or continual substance abuse issues (either legal or illegal). A judge will also look at factors such as the child’s age and health, each parent’s ability to provide and care for the child, and the child’s ties to their community to reach a determination of what is in their best interest.
When and how a court should include a child’s preference in this determination is laid out in Family Code § 3042. In all cases, the child must be “of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation” for the court to consider their input. However, for children 14 years of age or older, they are presumed to have the right to address the court regarding custody or visitation; if the court believes that doing so is not in their best interest, they must state why on the record. By contrast, children under age 14 may address the court if the court thinks it is in their best interest, but they do not have to allow it.
So, can a child over age 14 simply choose which parent to live with in California? No. Their preference is still only one factor in the overall picture, and a judge will look at the reasons behind that preference to determine if it is truly best for them. For example, if a teen prefers to live with the parent who doesn’t set a curfew, have screen time limits, or require them to attend school regularly, the court is unlikely to approve a modification. On the other hand, if they request a custody change because one parent is failing to provide a stable home environment or is emotionally abusive, the court is likely to concur that their opinion aligns with their safety and welfare.
Requesting a Child Custody Modification in California
To change a custody or visitation order in California, there generally needs to be a significant change in circumstances that justifies revisiting the court’s original decision. While a child cannot file the necessary forms on their own, they are not without options. A parent or legal guardian may file on their behalf, and in some cases, an attorney representing the child—either court-appointed or privately retained—can also bring the matter before the court. What qualifies as a substantial change in circumstances can vary, but it often includes shifts in the child’s needs or situation as they grow older.
Certain changes can be obvious reasons to reassess custody, such as one parent moving away far enough that the child would be uprooted from the community where they have always lived, or a job loss impairing the ability of a parent to provide a stable home environment. But the case can also be made that as a child’s needs change, an existing custody order may no longer be appropriate. For instance, a teen with increasing academic demands may prefer to live with the parent located closer to their school or spend less time in one parent’s blended household where they can’t get support to participate in extracurriculars or have a reliably quiet study environment.
If the parents cannot agree to a modification that would support their child’s preferences, then it will be necessary to provide evidence to the court that the requested change would be best for the child. One complication is that persuading a teen to follow a custody plan they don’t want to can be extremely challenging. Parents are legally obligated to follow their existing custody order until it is changed, and a parent can go back to court to have the order enforced. If a child is refusing to live with one parent, the other parent should document their efforts to encourage contact and determine the underlying issues for the refusal as they pursue a modification. This can help provide protection against accusations that they are deliberately alienating the child from the other parent or being held in contempt of court for failing to follow the custody order.
Expert Legal Representation for Child Custody in Silicon Valley
When a growing child expresses their desire for a change in custody, they deserve to have their voice heard. At Hoover Krepelka, our experienced attorneys understand how to make an effective case for children contesting custody in California, ensuring that any custody modifications safeguard your child’s best interests and evolving needs. To schedule your consultation, fill out the form below today.
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FAQS
At what age can a child decide who to live with in California?
There’s no set age, but California courts typically consider the preferences of children around 12 or older, giving more weight as they get older and can express reasoned opinions.
Can a child request a custody change in court?
Yes, children can express their wishes to the court, usually through a custody evaluation or a court-appointed representative, but the court considers this alongside all factors affecting the child’s best interests.
What happens if a child refuses to live with a parent?
The court takes the child’s feelings into account, but a refusal alone doesn’t automatically change custody; the court examines the reasons and overall best interests before making any modifications.