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Blog Posts in June, 2016

  • Going Back to Court Because of a Child Living Preference

    The other parent has threatened to take me back to Court because our child now says they want to live with the other parent. What should I do? Although the Court shall consider a child's preference, the Court is not bound to make orders solely on that preference. If the Court finds that the child's preference conflicts with what is in the best interest of the child, the Court will not make orders ...
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  • How Your Children Can Express Their Preferences

    How do I alert the Court that my child has a preference and how does the Court inquire as to what the child's preference is? To answer the first question, the child's desire to express their preference to the Court may be brought to the Court's attention by Minor's counsel, Court investigator, mediator or party. Or their attorney indicates to the judge that the child wishes to address the Court or ...
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  • The Child's Preference in a Child Custody/Visitation Case

    In a California child custody case, how old does a child have to be to express a preference as to where they want to live? There are two age groups that come into the analysis: 1) Under the age of 14 but is at a sufficient age to reason as to form an intelligent preference as to custody or visitation, and 2) 14 or older and the child wishes to address the Court. In the former group, the Court must ...
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