If your child is near or over the age of 14, and you are considering filing for full custody, you may want to be sure you have checked your state’s child custody laws. In many states, including California, children over the age of 14 will be able to decide which parent they would rather reside with.
This is, of course, provided there has been no evidence of child abuse or neglect by the parent the child favors. While many parents do not feel their children can decide for themselves in terms of what will be best for them, not all courts agree.
In California, the child custody laws state that a child who is at least 14 can always decide which parent he/she would rather live with. Provided the courts find the said parent to be fit and in the child’s best interest. While the court will allow a child to choose which parent he/she would rather reside with, the court will typically award parenting time to the parent the child does not live with.
In this case, a parenting plan will be required. The custodial parent will have the right to make all decisions regarding emergencies, medical treatment, and all ordinary, day to day decisions. The non-custodial parent will still be given access to all of the child’s records and will be allowed to participate in religion and education decisions.
In other states, the child custody laws vary but almost always have some sort of clause for children over 14. For more information & right guidance regarding child custody laws in your state, you may want to consult an experienced child custody attorney and look at various state statutes concerning divorce and child custody.
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