In the state of California, with a joint custody divorce, at what age can a child ask to be with one parent or choose a parent?

A child can ask at almost any age. They *may* be considered in their teens. Ultimately it is up to the judge until the child's 18th birthday.

A child can't "choose". The NCP has to file for a modification of the custody order. The judge will listen to the child's preference but will make a decision based on the best interests of the child.

They are correct, many states allow a child to make their wishes known at 12 to 14 years of age, but the non custodial parent will have to file a motion for a change in custody. This is often allowed if there is not a issue with that parent. But it is up to the judge to decide what is in the best interest of the child

The law on the subject is found in California Family Code Section 3042:

Preference of Child; examination of child witnesses; alternatives

(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.
(b) In addition to the requirements of subdivision (b) of Section 765 of the Evidence Code, the court shall control the examination of the child witness so as to protect the best interests of the child. The court may preclude the calling of the child as a witness where the best interests of the child so dictate and may provide alternative means of obtaining information regarding the child's preferences.

Case law on section 3042 is all over the board and not particularly helpful. If you are interested, compare In re Marriage of Rossen (1986) 178 Cal. App. 3d 1094 (giving great weight to custodial preference of children ages 10 and 13) with In re Marriage of Melmauer (1976) 60 Cal. App. 3d 104 (finding preference of 14-year-old "unpersuasive").

The law on the subject is found in California Family Code Section 3042:

Preference of Child; examination of child witnesses; alternatives



Does the Court give any weight to the child wanting to live with whichever parent offered to buy him/her a pony (or has the fewest rules)? What is your experience?