Can a child who is over the age of 13 choose which parent that they want to live with?

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Can a child who is over the age of 13 choose which parent that they want to live with?

Asked on June 24, 2015 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In most states, a child cannot choose with which parent they want to live. Howwever, the older the child, the more weight their preference is given by the court (although there are other factors that influence its final detemination as well). Additionally, in CA, if the child is 14 or older they have the right to testify in the proceedings regarding their choice of custodial parent.


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