Child's preference in custody disputes
QUESTION:
I understand that the child's preference is considered in CA when a child wishes to live with oneI understand that the child's preference is considered in CA when a child wishes to live with one parent, but what are the other factors considered and are they weighted equally or how much weight is placed on the child's preference at the age of 15 compared to the other factors? parent, but what are the other factors considered and are they weighted equally or how much weight is placed on the child's preference at the age of 15 compared to the other factors?
ANSWER
At 15, the child’s input will be a factor IF the child wishes to address the court. If the child indicates an interest in addressing the court the judge must hear from that child unless the judge determines addressing the court is not in the child's best interest. Perhaps a nuance, but it can be an important one. Some Judges adhere to these statutory requirements strictly while others may not even make the prerequisite finding that a child wishes to address the court before receive testimony from a minor child.