Fontana, CA asked in Child Custody, Divorce and Family Law for California

Q: Can a 13-year-old girl choose for her father to have full custody?

mom does not abuse and is a stay-at-home mom ( in California)

2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, a child's preference is one factor that the court may consider when making custody decisions, but it is not the only factor. The court will make custody decisions based on what it determines to be in the best interests of the child. The child's preference may carry more weight if the child is older and mature enough to understand the situation, but it is not determinative. The court will consider a range of factors, including the parents' abilities to care for the child, the child's relationship with each parent, and any history of domestic violence or substance abuse. Ultimately, the court will make a custody decision based on what it believes will be in the child's best interests.

In California, the relevant statute regarding child custody and the child's preference is Family Code Section 3042. This statute states that if a child is of sufficient age and capacity to reason, and able to express a preference, the court may consider and give significant weight to the child's preference in determining custody or visitation. However, the court is not bound by the child's preference and must still consider all relevant factors in making a custody determination. The statute does not specify an age at which a child is considered to have sufficient capacity to reason or express a preference, but it is generally assumed to be around 12 years old.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.