At what age can a child choose their custodial parent in San Jose?

San Jose, CA – When a family court judge has to rule in a custody case, they are expected to keep the children’s best interests in mind. What about the child’s preference? Does that count or not?

Under California law, children who are 14 or older are allowed to state their preference, but that doesn’t mean that the judge will award custody to that parent.

Can young children testify in a custody case?

According to California statutes, children younger than 14 can express their preferences if they are mature enough to have an intelligent opinion. It is up to the judge whether to allow a young child to appear in court. In some cases, the judge will prefer to hear the child in his chambers, to spare him or her the stress of a public hearing. Also, the child may express their wish through a lawyer.

Why would the judge ignore a child’s preference?

Young children are easy to sway and there’s a high risk they were coached by one of the parents. The judge will listen very carefully to the child, but if they find that the kid was taught what to say, they will completely ignore their stated preference.

In some cases, the child will express a preference in accordance with their perceived duty. “Mommy (or Daddy) loves me so much. Of course, I want to be with her (him)”.

The judge will consider a child’s wish, but they also need to determine whether the preferred parent can provide, take care and nurture the child. When it comes to that, have your San Jose child custody lawyers prepare their arguments about why you’d be a better parent and why your ex shouldn’t get sole custody.

With older children, things are even more complicated. In a dysfunctional family, a teenager may prefer to live with a less strict parent. Teenagers are all about independence and being allowed to do their own thing, which is normal, but not always best for the child. If it turns out a 15-years-old would much rather live with the Dad as he works long hours and doesn’t bother him with questions about school, that’s not a valid argument. On the contrary. The judge will be more inclined to give custody to the parent who assumes the thankless job of disciplining a rebellious teenager.

What factors will the judge consider in a custody case?

Most of the time, judges prefer to issue joint custody orders, allowing the children to spend a roughly equal amount of time with both parents. Shared custody is beneficial to the child’s development, so, if there’s a chance this could work, talk to skilled San Jose divorce lawyers and prepare a balanced parenting plan.

If the parents live far apart and such an arrangement would be impractical, the judge will award sole custody to one parent, while the other will have visitation rights.

In deciding who gets to keep the child, the judge will look at:

• Which parent was more involved with child care over the past two years
• What kind of relationship does the child have with either parent
• Which parent can offer a more stable and nurturing environment
• Which parent can offer better living conditions
• The ties the child has with the community – is it worth it to have him more with the other parent?
• Any history of child abuse, domestic violence, substance abuse, abandonment, or criminal record. Your lawyers should document their offenses and submit proof to the judge at the custody hearing.