When couples are beginning the divorce process in California, the state does allow you to create your own parenting plan with your spouse. If there is a disagreement between the couple on the best way to split responsibilities and rights, a California judge may ultimately make the final decision on parenting responsibilities, time, and rights.
In a contested custody proceeding, sometimes children are allowed the opportunity to provide a statement on what their own individual preferences are.
So when will a child’s desires have an influence on a custody case in California?
Age and Maturity
There are 2 provisions in California law for when a child can provide influence in decisions related to their own care and desires. One states that children who are 14 may be allowed to speak to the court about their preferences, unless the courts decide it would not be in their own best interest.
The other provision states that children of sufficient maturity can also provide an opinion if the judge decides that a younger child is mature and rational enough as to where they should live and what their situation can provide.
In most cases, a judge must still decide what is in the best interests of the children, so children won’t necessarily dictate the custody arrangement terms. But with this opinion, a judge may give more parenting time or support to the parent that the child is closest to. The judge will also take in to account the possible influence of both parents on how the children appear in court.
When it comes to shared custody, it is still the likely outcome even if a child prefers to live solely with one parent. By understanding the most likely outcome in a California custody case, can help both parties prepare for shared custody.
Mediation allows both parties to come to an agreement without leaving the decision to the judge or in the child’s hands. This can create friction that will carry well after the divorce.
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