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It depends on the state and county but in general the legal age is 12. If specify which county and state, i can give you a definite answer but generally its 12.

Note: Even though the child may meet the legal age, the child still can be denied the right to choose. There are many factors that determine if the child has the right to choose. These factors determine if the child can choose which parent to live in:

  • Maturity of the child
  • The current situation that going on between the parents
  • Parental influence
  • Needs of the child
  • The respective parent's abilities to fulfill those needs appropriately and in a timely fashion
  • 'harmony factor' (where the child feels inclined towards one parent over the other)

placer county, California

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12y ago
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11y ago

18. However the child is always free to make their wishes known to the judge, either in court when custody is being decided, by requesting a meeting with the judge, writing a letter to the judge expressing their wishes, or engaging an attorney or guardian ad litem to speak for them. The judge will take into consideration the wishes of the child, and generally, the older the child, the more weight is given to those wishes.

Ultimately, however, the judge will rule depending on what he or she feels would be in the best interests of the child.

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11y ago

I'm not sure of what you're asking, but I am going to assume you are asking what age a child must be before they can decide which parent to live with. That would be 18 in California.

However the child is always free to make their wishes known to the judge, either in court when custody/visitation is being decided or request a modification to the original order by requesting a meeting with the judge, writing a letter to the judge expressing their wishes, or engaging an attorney or guardian ad litem to speak for them. The judge will take into consideration the wishes of the child, and generally, the older the child, the more weight is given to those wishes.

Ultimately, however, the judge will rule depending on what he or she feels would be in the best interests of the child.

If you meant something different, please re-state your question for clarity.

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11y ago

18. However if a younger child has a convincing and compelling reason or reason(s) why they do not wish to abide by the court ordered visitation decree, they can write a letter to the judge with jurisdiction outlining those things, or engage an attorney or guardian ad litem to petition the court on their behalf for visitation modification based on the same. The judge has no legal obligation to modify the visitation orders based on the child's wishes, but they will be considered. Ultimately, the judge will decide what is in the best interests of the child whether or not any modifications are made.

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17y ago

A child cannot determine their own custody in any state. If the parent's can't work out a custody arrangement the judge will decide in the best interest of the child.

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14y ago

18

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12y ago

13

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Q: What is the age a child can decide not to live with parents in California?
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