View Full Version : Does a child's choice (age 13) have significant weight in a move away case in CA?
floridabound
Jan 10, 2011, 12:21 PM
JudyKayTee
Jan 10, 2011, 12:30 PM
In a word - no.
There are, of course, other factors involved such as the need for the move, factors which will "sway" the Court.
floridabound
Jan 10, 2011, 12:35 PM
I have read that it doesn't matter about financial hardship and how it would be easier on the move-away parent. We have 50/50 and her dad doesn't provide for her basic necessaties, also she has to bring her dirty laundry every week to my house
MrPayne
Jan 19, 2011, 10:09 AM
In all seriousness - based on my many years of court experience before a judge regarding my never-ending custody case, I say, throw out pretty much everything you hear - people who say "No. Never. Won't happen." etc.. Unless a ruling completely defies or goes against the laws of the state in which you reside, a judge is liable to do just about anything based on your individual case. Every case is so different and I believe judges do their best to weigh every circumstance based on your case. My children had a significant "say-so" in which parent to live with, move-away, etc. In child custody evaluations, their voices were truly heard.
JudyKayTee
Jan 19, 2011, 10:14 AM
In all seriousness - based on my many years of court experience before a judge regarding my never-ending custody case, I say, throw out pretty much everything you hear - people who say "No. Never. Won't happen." etc.. Unless a ruling completely defies or goes against the laws of the state in which you reside, a judge is liable to do just about anything based on your individual case. Each and every case is so different and I believe judges do their best to weigh every circumstance based on your case. My children had a significant "say-so" in which parent to live with, move-away, etc. In child custody evaluations, their voices were truly heard.
Any Judge has to follow State law and can't take a "flyer" because he/she feels like it.
Yes, all cases are different. That's why I said that circumstances can sway the decision.
I wonder about what happens to this Country next if 13 year old children get to pick which parent to live with, whether a parent can move away. Their voices are certainly heard and I said that. Significant input? I rather doubt it.
MrPayne
Jan 19, 2011, 10:32 AM
Truthfully, I believe "significant" input comes into play when the child displays consistent, excellent character. A solid GPA, "well-behaved, well-mannered, highly-respectable, very mature" etc. type-comments from teachers and leaders in areas in which they serve the community appear to "earn" them the right to a bigger and more "significant" voice. On the flipside, I can only imagine that a child who is struggling in school and/or has some behavior issues, could possibly have little to no power to sway a court decision. Just my opinion. But, I've seen it work.
JudyKayTee
Jan 19, 2011, 02:43 PM
And I have found through my employment that the "average" child wants to live with the parent who has fewer rules and I've never seen a child think a move to another neighborhood (let alone another area or State) is a good idea.
I don't think a 13-year old should have significant input in the lives of adults. Only my opinion, of course, and obviously your Court experience and mine are different.