At what age can a child decide custody in California?

What the law says

Family Code section 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.”

Section 3042(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 interest, in which case, the court shall state its reasons for that finding on the record.” Under section 3042(d), a child under 14 may address the court if the court finds that appropriate.

Under section 3042(f), a child addressing the court generally does not do so in the presence of the parties; the court provides an alternative. And section 3042(i): “This section does not require the child to express to the court a preference or to provide other input regarding custody or visitation.”

California Rules of Court, rule 5.250(a), which implements section 3042: “No statutory mandate, rule, or practice requires children to participate in court or prohibits them from doing so.”

• Family Code section 3042 (leginfo.legislature.ca.gov)
• California Rules of Court, rule 5.250 (courts.ca.gov)

What to do next

Under section 3042(g), a party or a party’s attorney may tell the judge that the child wishes to address the court, and a minor’s counsel, evaluator, investigator, or child custody recommending counselor must do so. If the court precludes calling the child as a witness, section 3042(e) requires it to provide another way to get the child’s input.

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