When is a child old enough to choose which parent to live with?
When is a child old enough to choose which parent to live with?
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the …
How are hours counted in a child custody case?
Some Judges count only where the child puts their head down to sleep at night, some count the hours spent with each parent, some include school time or time spent at extracurricular activities, some just count the actual time spent at that parent’s home. Many cases are disputed very far in our Court system because of this ambiguity.
Can a court order a child not to see one parent?
The court only considers making orders that the children do not see one parent in special circumstances, such as where the court considers the child to be at serious risk of harm. This is rare.
What happens if child wants to stay with one parent?
Children are not always the best judge of what is best for them and if the child wants to stay with one parent because they are more lenient or because they spoil them, the court will likely make a different recommendation. The court will also consider the age of the children before deciding how heavily to weight the wishes.
How often does a parent have physical custody of a child?
The Guidelines define this as being those situations where a parent has access or physical custody of a child for “not less than 40 percent of the time over the course of the year”.
Some Judges count only where the child puts their head down to sleep at night, some count the hours spent with each parent, some include school time or time spent at extracurricular activities, some just count the actual time spent at that parent’s home. Many cases are disputed very far in our Court system because of this ambiguity.
Children are not always the best judge of what is best for them and if the child wants to stay with one parent because they are more lenient or because they spoil them, the court will likely make a different recommendation. The court will also consider the age of the children before deciding how heavily to weight the wishes.
The court only considers making orders that the children do not see one parent in special circumstances, such as where the court considers the child to be at serious risk of harm. This is rare.
When to extend overnight custody to a toddler?
When the infant becomes a toddler, the time may be extended to three or four hours. If the child seems disturbed – continues to cry, etc., consideration should be given to a prompt return to the mother or other primary attachment figure. Eventually, the child begins to trust that both parents are responding to his needs.