Does the Child Get a Say in Custody? California Laws on Children’s Preferences

Custody disputes are among the most challenging issues families face in California. Parents often ask whether the court will listen to their child’s wishes. The answer is yes — but only within a structured system designed to protect kids from pressure or stress.

This article explains how California law addresses a child’s preference in custody cases, what procedures are used to hear their input, and how Encino families can expect these rules to play out in Los Angeles County courts.

How California Courts Handle Child Custody

California follows the “best interest of the child” standard in every custody case. The goal isn’t to favor one parent, but to make sure the child grows up in a safe, stable, and supportive environment.

Factors courts review include the child’s health and safety, the history of parental care, ties to school and community, and whether each parent can foster a healthy relationship with the other parent. Within this framework, a child’s personal preference is considered but never treated as the single deciding factor.

Judges must weigh a child’s wishes against the bigger picture of stability and long-term well-being. This prevents decisions that might seem appealing to a child in the moment but could cause harm later.

California Family Code §3042: The Governing Law

The main law on this subject is California Family Code §3042, which requires courts to give “due weight” to a child’s wishes if the child is old enough and capable of reasoning.

California Family Code §3042(a): “If a child is of sufficient age and capacity to reason so as to form an intelligent preference, the court shall consider the wishes of the child in making an order granting or modifying custody or visitation.”

The statute also sets a clear rule for older children.

California Family Code §3042(c): “If the child is 14 years of age or older, and wishes to address the court regarding custody or visitation, the child shall be permitted to do so, unless the court determines it is not in the child’s best interest.”

This means children aged 14 and up generally have the right to be heard. In contrast, younger children may still be considered if they demonstrate maturity and the ability to articulate their reasoning.

Equally important, the law ensures children are never forced to pick sides:

California Family Code §3042(i): “Nothing in this section requires a child to express a preference or to address the court.”

California Rule of Court 5.250: How the Court Hears Children

While Family Code §3042 explains when a child can share their wishes, California Rule of Court 5.250 governs how this happens. This rule lets judges hear from children in ways that reduce stress — such as private interviews, appointing a lawyer for the child, or using reports from mediators or evaluators. This ensures children’s input is considered without exposing them to the pressures of open court.

In Los Angeles County, including Encino, Child Custody Recommending Counseling (CCRC) is commonly used. Mediators may meet with children, and their observations are summarized for the judge. This process allows the court to weigh a child’s perspective while keeping their comfort and well-being at the forefront.

Clearing Up Common Misconceptions

Many parents think that once a child reaches a certain age, they get to pick which parent to live with. In California, that’s not how it works. Kids 14 and older can share their thoughts in court, but the judge looks at many factors—so their wishes are just one part of the decision.

Another misconception is that children must testify in a formal setting. In reality, the law prioritizes their well-being and provides alternatives to protect them from intimidation or pressure. Courts also guard against coaching. If a child’s words appear rehearsed or heavily influenced by a parent, the court may give them less weight.

How Judges Weigh a Child’s Preference

Judges don’t just record what a child says; they look closely at the reasoning behind it. A preference supported by consistent, thoughtful explanations carries more weight than one based on short-term comfort or relaxed household rules.

For example, if a child expresses a desire to live with one parent because it allows them to remain in the same school district, this aligns with stability and may influence the judge strongly. On the other hand, a preference rooted in wanting fewer responsibilities at home will carry less weight.

By law, judges must explain their decisions on the record if they choose not to allow a child aged 14 or older to testify. This transparency ensures accountability and helps parents understand how their child’s voice was considered.

Options for How a Child’s Preference May Be Heard

Practical Guidance for Parents

• Encourage honesty and independence: Judges value authentic statements from children, not rehearsed or pressured responses.
• Avoid coaching or manipulation: Pressuring a child can cause emotional harm and may weaken a parent’s case.
• Focus on stability: Consistent routines and a secure environment in both households help support the child’s well-being.
• Promote cooperation: Courts look favorably on parents who work to reduce conflict rather than fuel it.
• File requests correctly: If you want the court to hear your child’s perspective, follow proper procedures.
• Know the alternatives: Even if a judge declines direct testimony, a child’s views may be shared through mediation, custody evaluators, or minor’s counsel.

FAQs

At what age can a child choose which parent to live with in California?

At 14, children may share their views, but judges still decide custody under best interest standards.

Is a child required to testify in court during custody cases?

No. The law protects children from being forced to take sides or speak in court.

How does a judge know if a child is mature enough to have input?

Judges assess consistency, reasoning ability, and independence from parental influence.

Can parents influence what the child says in court?

Coaching is discouraged. Courts look for authenticity, and undue influence can reduce credibility.

Conclusion

Children’s voices matter in California custody cases, but they don’t determine the final outcome. Family Code §3042 and Rule of Court 5.250 give children the right to be heard while shielding them from unnecessary stress. Judges in Encino and throughout Los Angeles County carefully consider children’s preferences, often through mediation or evaluator reports, but always within the larger framework of the child’s best interests.

For parents, the key takeaway is that supporting your child’s stability and well-being is the best way to ensure their perspective is respected in court. Pedrick Law Group helps Encino families understand how these rules apply and guides them through the custody process with clarity and care. For more information on child custody and visitation, visit the California Courts’ official self-help resource.