Court won't ask my kid what they want, right?
CAdeepwater1 month ago
My 12-year-old has told me she wants to live with me. Will the court hear her?
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✓ Verified answer from a licensed attorney — shown first
In CA, Family Code §3042 requires the court to consider the wishes of a child 14+ who wants to address custody. For 12-13 year olds it's discretionary based on whether the child has sufficient capacity. The child isn't put on the witness stand — typically a child interview is done by a Court Investigator, minor's counsel, or in chambers. Strong word of caution: do not coach your kid or talk to her about the case to prepare her for an interview. Investigators are trained to spot it, and it backfires hard. Let her say what she'll say.
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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.