Child Preferences in California Custody Cases

Understanding Child Custody Laws in California

When parents separate or divorce, child custody becomes a primary concern. While courts aim to make decisions in the best interest of the child, California law also recognizes that children—especially older ones—may have a say in where they live. But how much weight does a child’s preference carry in custody cases?

At Wade Litigation, we help parents navigate complex custody disputes, ensuring that their rights and their child’s well-being are protected.

Does a Child’s Preference Matter in California Custody Cases?

Yes, but it depends on several factors, including the child’s age, maturity, and reasoning. California Family Code § 3042 states that if a child is 14 years or older, the court must consider their preference in custody decisions, unless doing so would not be in their best interest. However, even younger children may have their opinions heard if they show sufficient maturity.

Key Factors That Courts Consider When Evaluating a Child’s Preference

While a child’s preference is important, courts also assess:

• The child’s reasoning – If a child prefers one parent over the other due to leniency rather than stability, the court may not prioritize their choice.
• Emotional and physical well-being – If one parent provides a safer and more stable environment, the court may overrule the child’s preference.
• History of parental care – Judges consider which parent has historically been the primary caregiver.
• Parental influence – If a parent is suspected of coaching or pressuring the child, their testimony may carry less weight.
• Siblings and family relationships – Courts prefer not to separate siblings unless it benefits the child.

How Does a Child Express Their Preference in Court?

Children do not necessarily testify in open court. Instead, their preferences may be presented through:

• Private interviews with a judge (conducted in chambers to minimize stress).
• Reports from court-appointed evaluators, therapists, or child custody mediators.
• Testimonies from a guardian ad litem (a court-appointed representative for the child).

Can a Child Choose Where They Live in California?

While teenagers (14 and older) have a stronger influence on custody decisions, they do not have the absolute right to choose where they live. The judge has the final say based on the child’s best interests.

For example:

• A 16-year-old who wants to live with a parent who has a history of domestic violence may not have their preference honored.
• A 12-year-old who prefers one parent due to a more structured home environment may have their opinion considered.

Modifying Custody Based on a Child’s Preference

If a child’s preference changes over time, a parent may request a custody modification. However, the court will only approve changes if there is a significant reason demonstrating that the change is in the child’s best interest.

Common reasons include:

• A child’s increased age and maturity, making their preference more relevant.
• Changes in the home environment, such as remarriage, relocation, or parental instability.
• Conflicts with the custodial parent that affect the child’s emotional health.

How Wade Litigation Can Help

At Wade Litigation, we understand the sensitive nature of child custody disputes. Our experienced family law attorneys can help you:

• Present your case effectively in court.
• Advocate for your child’s best interests while respecting their preference.
• Negotiate custody modifications when necessary.
• Ensure that no parent manipulates or coerces the child’s decision.

Take Action Today

Child custody decisions have long-term effects on your family’s future. If you need legal guidance regarding child preferences in custody cases, contact Wade Litigation today for a consultation.