If you’re navigating a custody battle, you may be wondering whether the court will consider your child’s wishes when determining custody arrangements. It’s a common concern for parents who want to ensure their child’s voice is heard, especially when the child has a strong preference for living with one parent. The answer isn’t always simple, but understanding how the court weighs a child’s preferences can help you better prepare for your custody case. At Kendall Gkikas & Mitchell, LLP, our experienced child custody lawyers in San Bernardino CA are here to guide you through this complex process. Keep reading to learn more!
How California Law Addresses a Child’s Preferences
In California, the court’s primary focus when deciding custody is the best interests of the child. While the child’s wishes are a significant factor, they are not the sole determinant. The court will consider the child’s preferences if the child is mature enough to express an intelligent and well-reasoned opinion. Typically, children who are 14 years or older are given more weight in custody decisions, but younger children’s opinions may also be considered if the court believes they are mature enough.
It’s important to note that even if the child’s wishes are taken into account, the court still evaluates the overall situation to ensure that the custody arrangement serves the child’s best interests. The judge will weigh the child’s preference alongside other factors, such as the child’s safety, emotional well-being, and the ability of each parent to provide a stable and loving environment.
Factors That Influence How Much Weight Is Given to the Child’s Wishes
The court will not automatically grant a child’s custody preference just because the child expresses a desire to live with one parent. Instead, the judge will consider several factors to determine how much weight to give the child’s opinion. These factors include:
To decide what is best for a child, the judge considers:
- The age and health of the child
- The emotional ties between the parents and the child
- The child’s ties to their school, home, and community
- The ability of each parent to care for the child
- Any history of family violence
- Any regular and ongoing substance abuse by either parent
How a Child Custody Lawyer in San Bernardino CA Can Help
If you’re worried about how your child’s wishes will be considered in your custody case, having an experienced child custody lawyer in San Bernardino CA can make a significant difference. Child custody battles can be complex, especially when your child’s wishes are a factor. At Kendall Gkikas & Mitchell, LLP, we’re here to support you every step of the way. If you need legal assistance with your custody case, contact us today at 909-482-1422 to schedule a consultation with a knowledgeable child custody lawyer in San Bernardino CA.
