California Custody, when can a child choose?
My kids are 17 and 15. I have had primary physical custody since our divorce. Their father has been out of state for nearly two years and has worked out a custody arrangement that has made everyone's lives crazy to say the least. To avoid stress on the kids, I have gone along with it but now he is talking about moving back to my state and within 5 miles from us. He has told the kids that he spoke with an attorney and that legally, they get to choose who they live with. Somehow, he has convinced both that they would be better off with him… not a difficult thing to do since I have been the consistent disciplinary one and he has really not been around for the "hard times" in raising young teens. My question… can he do this? I am worried that he won't be there for the kids on a regular basis. He works long hours and has moved from place to place 6 times over the past 6 years. I honestly think this is money driven since he thinks he won't have to pay child support if he gets them full time. I would think that the courts would want both parents to have 50/50 custody in the best interest of the kids. Am I wrong? And how can it be that after 6 years of being a consistent parent, all of a sudden I can lose my rights? Help!
I'm not absolutely positive, but if I remember correctly, when I was young (in California) we were allowed to choose which parent we wanted to live with when we were 14.
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May 25th, 2009 at 3:45 pm
I'm not absolutely positive, but if I remember correctly, when I was young (in California) we were allowed to choose which parent we wanted to live with when we were 14.
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May 25th, 2009 at 3:55 pm
Now that the kids are 17 and 15 the courts will allow input from them. However, just because they express that they want to live with the father it does not mean it will happen. The courts look at the best interest of the child. Meaning the look to see if the parent is fit and who the child has spent majority of their life with. You won't loose your rights unless the court finds you an unfit parent. He wil probably get more visitation time. The seventeen year old is almost an adult. If he wants to live with his dad, there is basically nothing you will be able to do within a few months.
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