Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

What age does a child in California can choose where to

Customer Question
live? with mother or father...
what age does a child in California can choose where to live? with mother or father? is their feelings or thoughts taken by the court into consideration? what is the process??
JA: Since laws vary from place to place, what state is this in?
Customer: California
JA: Has anything been filed or reported?
Customer: no my ex husband keeps pressuring my 11 year son to have the every other week at different parents home because he remarried and states new wife can now pick him up and drop off
JA: Anything else you want the lawyer to know before I connect you?
Customer: no I just wanted to know what are my options in case I'm served papers
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 9 minutes by:
9/1/2016
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 1 year ago
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified

Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

While there is no age at which a minor in CA may demand to live with one parent as opposed to the other, under CA law the court will give consideration to the minor child's preference as to which parent they want to reside with.

CA Family Code Section 3042 states in pertinent part:

3042. (a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation,the court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation.

(b) In addition to the requirements of subdivision (b) of Section 765 of the Evidence Code, the court shall control the examination of a child witness so as to protect the best interests of the child.

(c) If the child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child shall be permitted to do so, unless the court determines that doing so is not in the child's best interests. In that case, the court shall state its reasons for that finding on the record.

(d) Nothing in this section shall be interpreted to prevent a child who is less than 14 years of age from addressing the court regarding custody or visitation, if the court determines that is appropriate pursuant to the child's best interests.

So while the general rule is that children over the age of 14 may express their preference in the event of a custody case, the judge does have the discretion to consider the wishes of a child under the age of 14 as well.

Often the judge will speak with the child in chambers without the parents being present. Given your child's age, it seems unlikely that your ex will be able to persuade the court to consider your son's wishes---even presuming that he is able to brainwash your son.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Ask Your Own Family Law Question
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 1 year ago

I sense that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Ask Your Own Family Law Question
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 1 year ago

Hi,

Is there anything else I can assist you with today?

Doug

Ask Your Own Family Law Question
Customer reply replied 1 year ago
Thank you for the response. I also wanted to know regarding child support . In California , Our original order was done 2010 he pays 127.50 on the 1st and 15th . He suppose to pay have of school expenses etc . He picks a chooses what to pay back. He wont pay any medical co pays unless he approves the dr visit first. My son is 11 yrs. he has afterschool care. Father is ordered to pay half of all expenses but is been difficult to collect. Our son attends a charter school No tuition but they wear uniforms he wont help pay for half he will only pay for one shirt and shorts. Every thing else is on me out of pocket. Our order states all medical , school and child care to be split and its not happening.
Family Lawyer: LawTalk, Attorney and Counselor at Law replied 1 year ago

Good morning,

The reason I offered you the phone call was to allow you to ask unlimited questions of me. As you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. These are new questions (child support/medical/school expenses) that you are asking. For new questions, the customer is asked to open a new question thread. I do sincerely ***** ***** any inconvenience this might cause you.

I would be happy to call you and answer all of your questions. Alternatively, I would ask that you rate my service on this question and open a new question for the child support issues. You are free to ask for me by name in a new question and I will be able to assist you.

Doug

Ask Your Own Family Law Question
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,857
37,857 Satisfied Customers
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

37,857 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
There was a stipulation in my child support order where the
There was a stipulation in my child support order where the non custodial parent was supposed to assist with day care/after school program. He was laid off for a year and didn't pay towards this for a… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
I have a child support question. Can you accommodate this?.
I have a child support question. Can you accommodate this? … read more
Bill Attorney
Bill Attorney
law
1,580 satisfied customers
My husband is in a child support battle with his 17 year old
my husband is in a child support battle with his 17 year old son's mother in the state of NY. The Hearing examiner did not allow either of them to give any statement (though she was allowed to say mor… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I got a show cause hearing for child support but I am
I got a show cause hearing for child support but I am waiting for my disability decision what should I do … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Is there a way I can look up public records of child support
Is there a way I can look up public records of child support case ? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Can child support take money out of my social sercureity.
can child support take money out of my social sercureity … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
I have a question on child support court in the state of.. A
I have a question on child support court in the state of virginia … read more
Lori
Lori
Juris Doctor
256 satisfied customers
How can I get a temporary child support order modified? My
How can I get a temporary child support order modified? My income has decreased over $2,000 a month as I was let go from my position at work.… read more
Lori
Lori
Juris Doctor
256 satisfied customers
I have 2 actually. I am trying to collect child support that
I have 2 actually. I am trying to collect child support that is owed to me and I have questions about my rights as a parent who has sole custody of her children. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I have a child in Prague and never paid child support by
I have a child in Prague and never paid child support by law, I am going for visit in February , is there any way to find out if I am in trouble with the law? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I need an attorney familiar with Indiana Child Support laws
I need an attorney familiar with Indiana Child Support laws please. At what age (of the child) does Child Support stop, and what are factors that could change that, if any. I understand it's 19. My da… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
My mother has been visiting for two weeks I would like to
My mother has been visiting for two weeks I would like to have her mental health evaluated. She has neighbors at home who care for her and wants to stay in her home. Should I go up there and have a me… read more
KJL LAW
KJL LAW
Juris Doctorate
1,754 satisfied customers
Child support wants to garnish my social security. They are
child support wants to garnish my social security. They are asking for 49% of my total check. Are they allowed such a big %. I heard they were only allowed 17%. … read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
Ely, My objective is to get child support recalculated and
Second opinion] Hi Ely, My objective is to get child support recalculated and modified retroactively to reflect the reality of the situation. I understand that is not normally done. I have attached a … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,244 satisfied customers
Tina, My objective is to get child support recalculated and
Hi Tina, My objective is to get child support recalculated and modified retroactively to reflect the reality of the situation. I understand that is not normally done. I have attached a document signed… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
My girl friend is getting welfare. And the child support
My girl friend is getting welfare. And the child support department are asking me to pay child support for the kids. If we tell them we are leaving together and do not need welfare any more, are they … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The mother in my husbands child support case lied on the
The mother in my husbands child support case lied on the affidavit/support application. using her mothers address. the first line of the affidavit says I live in the county in which I'm requesting ser… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
I have a felony warrant for child support, if the mother
I have a felony warrant for child support, if the mother forgives the back child support will the warrant be dropped? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x