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-   -   Children's rights (https://www.askmehelpdesk.com/showthread.php?t=126195)

  • Sep 5, 2007, 01:22 PM
    Kmack04
    Children's rights
    Hello I'm from California and When I went through my divorce we had a judge that was for mens rights, so their dad has them and I have visitation.My children are of the ages 16 and 13 they want to live with my husband and I.What is the age the kids can decide in the state of California.
  • Sep 5, 2007, 01:27 PM
    ScottGem
    18! As we have said in other similar threads, children cannot make this decision. They can let their feelings be known, but one of the parents has to petititon the courts for a modification of the custody order. A judge will then make the decision based on what is in the best interests of the child. They will listen and give due weight to the child's preferences.
  • Sep 5, 2007, 01:52 PM
    Fr_Chuck
    AT 16 and 13 they can tell the judge what they would prefer and your attorney should have had them testify at the court hearing.

    But they can't just decide anything, they have to follow the court order, so your attorney will have to refile for custody and try to get it though the courts.
  • Sep 5, 2007, 03:38 PM
    macksmom
    Yeah, I would contact an attorney and set a hearing. As Chuck said, they are at the age to tell the judge what they would like to do, and then the judge can decide what is best for the children.

    Good luck.

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