Negotiating visitation and custody arrangements can be an extremely difficult process. No parent wants to sacrifice time with their child, but the process is not ultimately about the parents. Rather, it is about finding the outcome that is in the interest of the child and their overall well-being. However, many parents may ask, “What age does a child have a say in visitation in California?”
It’s important to consider what the child wants and the relationship they had with each parent prior to the proceedings. That’s why it is critical to know how old the child needs to be for their preference to make a difference.
What Is Visitation in California?
Visitation refers to the parenting time that a parent who lives separately from their child gets to have. In California, the courts generally promote children maintaining a meaningful relationship with both parents, even if one does not have physical custody. Visitation is one of the primary issues involved in child custody cases, particularly when joint custody is not granted. This means that one parent is awarded sole custody while the other may still receive visitation rights to see their child.
How Is Custody Determined in California?
The two forms of custody in California are legal custody and physical custody. Legal custody establishes the parent’s right to make important decisions for their child’s upbringing, such as education, healthcare, and religious influence. Physical custody is used to describe where the child lives. This can be further divided into sole physical custody, in which the child will primarily stay with one parent, or joint physical custody, in which the child goes back and forth between both parents.
Here are some of the numerous elements that the court will consider when determining custody arrangements in California:
- The age of the child
- The health of the child
- Each parent’s ability to provide a stable and loving home environment
- Emotional ties between the child and each parent
- The amount of contact the child had with each parent prior to the proceedings
- Any history or concerns of substance abuse
- Any history or concerns of domestic violence
- The willingness of each parent to cooperate with one another in a co-parenting arrangement
Based on the above elements, the court will make a final determination based on what is ultimately in the interest of the child and their overall well-being.
If you are beginning the process of determining the visitation and custody arrangement for your child, it is imperative that you consult an experienced Pasadena child visitation lawyer. They can ensure that your parental rights are upheld throughout the process.
Child’s Preference
Any child is allowed to express their preference for custody and visitation arrangements, regardless of their age, as long as they are able to show to the court that they are intellectually mature enough to give a rational opinion on the matter. In fact, the state requires that all children ages 14 years old and older must be allowed to express their preferences to the court if they wish to do so. That is because California considers children ages 14 years and older to be of sufficient age to express their preferred arrangement.
However, the court still possesses the power to make the final ruling regarding the arrangements based on what they believe to be in the interest of the child, even if they are 14 years old or older, and it goes against their wishes. Once a child turns 18 years old, they are no longer a minor and are considered to be a legal adult, meaning that they should be able to make the decision on their own without the approval or consent of the court.
FAQs
Q: At What Age Can a Child Refuse to See a Parent in California?
A: In California, children are able to express their preference regarding custody and visitation at any age as long as they are mature enough to demonstrate intelligent reasoning on the subject. However, they cannot make the final decision regarding where they live until they turn 18 years old and are a legal adult.
Q: Can a 12-Year-Old Decide Which Parent to Live With in California?
A: A 12-year-old child does not have the legal authority to decide which parent they get to live with in California, but they may be able to express their opinion and address the court as long as the judge deems the child mature enough to form a considered opinion on the matter. While their preferences will be considered, the court will still make the final decision regarding physical custody.
Q: What If My 14-Year-Old Doesn’t Want to See Her Father?
A: Children ages 14 years old and older must be allowed to express their preferences to the court when considering visitation and custody arrangements in California. State legislature holds the belief that most children 14 and older possess enough emotional maturity to properly understand and communicate their preferences. However, the court reserves the power to make the final decision, and the child must abide by whatever arrangements are ruled by the court, even if they are at least 14 years old.
Q: Can a Legal Guardian Deny Visitation in California?
A: Under certain circumstances where court orders are in place, the California state court may require a legal guardian to allow visitation between a child and their parents, and the guardian must comply. In some cases, the court may also give the legal guardian the power to decide whether to deny visitations or the circumstances under which they can happen. This occurs mostly in cases where there may be potential dangers to the child’s health and safety.
Speaking With a Trusted Child Visitation Lawyer
At Khalaf Law Group, we understand the gravity of child visitation cases and how difficult it can be to negotiate time with your child. We handle each unique case with a personalized approach that is diligently built to protect your parental rights. Our firm can help you reach an agreement that acts in the interest of your child.
Give us a call today or fill out our online form to schedule a consultation with our team.
