San Jose Child Custody: When Can Teens Choose Which Parent to Live With?

As any parent can attest, children grow up fast. Once they hit their teens, they naturally want more of a say in family matters and their own personal schedules. However, in the aftermath of a divorce or separation, this can create significant controversy.

Many parents assume that once a child reaches a certain age, they can simply choose which parent to live with in California. While a teen’s opinion is important, it’s not the only factor the court considers. If you are facing this type of situation, our experienced San Jose child custody lawyer explains state laws that apply and how to create a plan that respects your child’s feelings while protecting their well-being.

How Courts View a Teen’s Preference in San Jose Child Custody Cases

In California, there is no magic age at which a child can decide which parent to live with. Instead, the California Family Code states that if a child is 14 or older, the court must allow them to express their preference, unless doing so would not be in the child’s best interest. (Younger children can also share their views if the court determines they are mature enough.)

When weighing a teenager’s preference, the court considers a variety of factors:

• The child’s age and maturity level;
• The reasoning behind the preference, such as if it is based on a stronger relationship or simply fewer household rules;
• The stability and safety of each parent’s home;
• School and community ties;
• Any history of neglect, abuse, domestic violence, or other dangerous or illegal behaviors.

How To Give Teens A Voice In Santa Clara County Child Custody Proceedings

When dealing with child custody matters, the primary focus for Santa Clara County Family Court judges is protecting the child’s best interests. If a teenager wants to share their preference, there are several ways to gather their input without putting them in the middle of a conflict:

• Allow the teen to speak directly to the judge in chambers (with or without parents present).
• Use a court-appointed mediator or child custody evaluator to relay the teen’s views.
• Request written or recorded statements, depending on the situation.
• Consider the opinion as part of a broader custody evaluation that includes home visits and interviews with both parents.

It’s important to note that while a teen’s opinion matters, it does not automatically determine the final custody order. Courts will balance the teen’s wishes with other factors, including each parent’s ability to meet the child’s physical, emotional, and educational needs.

Contact Our Experienced San Jose Child Custody Lawyer To Protect Your Teen And Your Parental Rights

If your teenager has a strong preference about where they want to live, you need a custody plan that respects their voice while meeting California’s legal standards. At Argyris Mah, LLP, our experienced San Jose child custody lawyer helps families navigate this sensitive situation.

We provide the trusted legal guidance you need to protect your teen’s well-being and your parental rights. To schedule a consultation, call or contact us online today.

Sources:

leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=FAM&tocTitle=+Family+Code+-+FAM

santaclara.courts.ca.gov/divisions/family-division