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-   -   What age a child can decide with wichi parente to live in California State. (https://www.askmehelpdesk.com/showthread.php?t=197519)

  • Mar 22, 2008, 07:05 PM
    gorbeh
    What age a child can decide with wichi parente to live in California State.
    I want to know, when or what age a child can decide with wich parent to live in California State?
  • Mar 22, 2008, 07:10 PM
    Fr_Chuck
    At 18, they can them move in with which ever parent they want.
    Before that, they can testify in family court as to who they want to live with, after the non custodial parent files a motion in court to change the arrangement.
  • Jul 2, 2008, 07:05 AM
    N0help4u
    It depends on your state some say 14 can decide.
  • Jul 2, 2008, 07:09 AM
    ScottGem
    Quote:

    Originally Posted by N0help4u
    It depends on your state some say 14 can decide.

    This is untrue. In NO state can a minor child make this decision. In all instances the decision is up to a Family Court judge based on the best interests of the child. What the child wants is listened to and some states require that those desires be given more weight then in others. But the decision is up to a judge.
  • Jul 2, 2008, 07:11 AM
    N0help4u
    Google it
    Indiana and Pennsylvania 14 can decide.
    I am looking for a list that covers all states then I will post it.
    If that isn't the case child services lied to me and there are some legal sites that are wrong
  • Jul 2, 2008, 07:59 AM
    ScottGem
    I suspect you are misreading the sites. Poste your links. I did Google PA and the decision is up to Family Court NOT the child. I know of one state that does specify an age at which the child can express their preference and if, so the judge is ADVISED to agree. But the finalk decision is still in the hands of the judge.
  • Jul 2, 2008, 08:02 AM
    N0help4u
    I may be understanding it wrong -I AM finding contradictory stuff on different sites.
    Thanks
  • Aug 17, 2008, 04:32 PM
    Cailleac Bhuer
    Quote:

    Originally Posted by ScottGem
    This is untrue. In NO state can a minor child make this decision. In all instances the decision is up to a Family Court judge based onthe best interests of the child. What the child wants is listened to and some states require that those desires be given more weight then in others. But the decision is up to a judge.

    Well, in all FL cases I am familiar with, the judge does take into consideration the child's desires once the child has reached 14. Of course, the mediator has to give this information to the judge first before he will consider it and the child has to being making an informed statement showing they are fully aware and that the decision was something they decided on their own, through their own experience and happiness and know what is in their own best interest.

    I think that is really what the poster was asking; at what age will a judge consider listening to a child's wishes regarding the status of their custody...
  • Aug 17, 2008, 04:55 PM
    ScottGem
    Quote:

    Originally Posted by Cailleac Bhuer
    Well, in all FL cases I am familiar with, the judge does take into consideration the childs desires once the child has reached 14. of course, the mediator has to give this information to the judge first before he will consider it and the child has to being making an informed statement showing they are fully aware and that the decision was somthing they decided on their own, through thier own experience and happiness and know what is in their own best interest.

    I think tha tis really waht the poster was asking; at what age will a judge consider listiening to a childs wishes regarding the status of their custody....

    First, this is the Family LAW forum. Therefore our answers need to conform to prevaling law. Second, the OP specifically used the word "decide"! Whether he meant something else or not we don't know. Finally, you are not saying anything different then I have said. The fact is that the law puts the decision in the hands of a judge. In different states, the laws may or may not prescribe how much weight the judge must give the child's preference, but the decision always rests with the judge.
  • Aug 18, 2008, 07:53 AM
    JudyKayTee
    Quote:

    Originally Posted by ScottGem
    Thanks Judy. I removed two of CB's posts here because they were personal attacks in violation of the guidelines. I've also removed a number of other posts because they were responding to threads from last year. I would have explained this to him privately but he is blocking PMs.


    So I found out because I was going to try to take care of this off the Board.

    I believe the legal answer to "what age a child can decide ..." is the child can make that decision at any age. However, the final determination is up to the Court; other than having an opinion, the child has no legal standing.
  • Aug 18, 2008, 07:55 AM
    Cailleac Bhuer
    I am not blocking anything, my block box is empty and has not been altered since account created, it is still set at default setings. And, I am not a he.
    Sorry for the confusion.
  • Aug 18, 2008, 07:58 AM
    JudyKayTee
    Quote:

    Originally Posted by Cailleac Bhuer
    I am not blocking anything, my block box is empty and has not been altered since account created, it is still set at default setings. And, I am not a he.
    Sorry for the confusion.



    Check your settings again - I cannot reach you by private message (only email). Maybe it's because you are new; I don't know but I cannot reach you.
  • Aug 18, 2008, 08:17 AM
    ScottGem
    Quote:

    Originally Posted by Cailleac Bhuer
    I am not blocking anything, my block box is empty and has not been altered since account created, it is still set at default setings. And, I am not a he.
    Sorry for the confusion.

    Click on the My Profile link at the top. Then select Edit Options on the left side Under Settings and Options. Make sure the enable Private Messaging box is checked. I believe that it is checked by default, so you must have unchecked it.
  • Aug 18, 2008, 08:27 AM
    Cailleac Bhuer
    Nope, I never went there till just now to see what you were saying so it is still set at default, which is blank, I just looked. Only thing I have changed was the signature.

    Thanks for the info
  • Aug 18, 2008, 09:04 AM
    ScottGem
    Quote:

    Originally Posted by Cailleac Bhuer
    Nope, I never went there till just now to see what you were saying so it is still set at default, which is blank, I just looked. Only thing I have changed was the signature.

    Thanks for the info

    I checked this to make sure and I've been informed that the default setting IS set to enabled. So you must have changed it.

    I notice that you still haven't enabled it forcing us to deal with these issues in public.
  • Dec 22, 2010, 02:44 PM
    Tylin
    On January 1, 2011 the law will change in California from age of 18 to 14. Just spoke to Minor's Counsel. The courts are tired of the drama of custody battles and teenagers. It is a no win situation and bogs the court and law enforcement down trying to force these poor kids to be with a parent they don't want to be with.
    Parents that are on the losing end of this need to find ways to cope with the pain they may have. There are ways to still be an amazing parent to your teenager without them living with you or them choosing not to see you.
  • Dec 22, 2010, 02:54 PM
    ScottGem
    Quote:

    Originally Posted by Tylin View Post
    On January 1, 2011 the law will change in California from age of 18 to 14. Just spoke to Minor's Counsel. The courts are tired of the drama of custody battles and teenagers. It is a no win situation and bogs the court and law enforcement down trying to force these poor kids to be with a parent they don't want to be with.
    Parents that are on the losing end of this need to find ways to cope with the pain they may have. There are ways to still be an amazing parent to your teenager without them living with you or them choosing not to see you.

    Can you cite the actual law? I doubt if it says what you think it does. It probably provides guidelines to the court, but I doubt if it gives a minor the power to make this choice.
  • Dec 22, 2010, 04:29 PM
    cdad
    Quote:

    Originally Posted by Tylin View Post
    On January 1, 2011 the law will change in California from age of 18 to 14. Just spoke to Minor's Counsel. The courts are tired of the drama of custody battles and teenagers. It is a no win situation and bogs the court and law enforcement down trying to force these poor kids to be with a parent they don't want to be with.
    Parents that are on the losing end of this need to find ways to cope with the pain they may have. There are ways to still be an amazing parent to your teenager without them living with you or them choosing not to see you.

    I would like to see a quote as to where your getting this information. I don't see it here.

    New California Laws For 2011 - KION - Monterey, Salinas, Santa Cruz - News Weather

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