As you navigate divorce in California, a major part of the equation is figuring out the physical custody schedule for your child. For parents, child custody rights are often the focal point of the divorce.
However, some parents are concerned that their child will be allowed to dictate the terms. Say that your child has expressed a desire to live with your ex and not with you. Can they request that the court give your ex full physical custody rights, even though you would prefer a joint custody situation where you share parenting time?
It can play a role in some cases
The short answer is that no, your child cannot unilaterally decide where they are going to live, in most cases. The courts do try to focus on the child’s best interests, and that often means having a relationship with both parents.
That said, it can play a role. One of the factors the court will consider is the child’s preference. Age is a major determining factor here. An older child who understands what they are requesting may have more weight given to their request than a younger child.
But a key thing to keep in mind is that the court is not obligated to do what the child requests. If they believe that joint custody would be in the child’s best interests, even if the child is requesting sole custody, the court can still split parenting time between you and your ex.
Understanding your rights
Issues like this can certainly get complex. It is important to know what legal rights you have and what steps you can take at this time.