California Custody Battles: How a Child’s Preference Influences the Outcome

Feb 2, 2024

In California, child custody cases are complex and sensitive, particularly when considering the preferences of the child involved. The role of a child’s preference in custody decisions is nuanced. It varies depending on several factors, including the child’s age and maturity, the reasons behind their preference, and the overall circumstances of the case. This blog aims to provide an overview of how California law addresses a child’s preference in custody cases.

How the Court Considers a Child’s Preference

California law, specifically Family Code § 3042, does not specify a certain age at which a child can choose their custodial parent. However, it is widely recognized that children aged 14 and older are generally considered mature enough to express a preference.

The law mandates that if a child is of sufficient age and capacity to form an intelligent preference regarding custody or visitation, the court must consider and give due weight to the child’s wishes. However, it is essential to note that the child’s opinion is not the sole determining factor in these cases and that a family law judge’s responsibility is to prioritize the child’s overall well-being. The court looks to the reasons behind a child’s preference, ensuring they are not influenced by superficial factors like gifts or lifestyle but are based on genuine attachment and well-being.

Testifying in Court

For children to express their preference, they might testify in a judge’s chambers, especially if they are younger or discussing sensitive topics. This setting, away from the parents, is intended to make it less intimidating and emotional for the child. However, a court reporter and attorneys are usually present unless an agreement is made otherwise. If the court decides against having the child testify, an alternative, such as a custody evaluator, is used to gather the child’s opinion.

Other Factors Considered by the Court

In addition to the child’s preference, California courts consider various factors to determine custody. These include each parent’s history of caregiving, their ability to provide necessities, household stability, the child’s health and safety, any history of abuse or substance misuse, each parent’s willingness to facilitate a relationship with the other parent, and other factors relevant to the child’s welfare.


The child’s preference in custody cases is an important factor, but it is only one of many that courts consider in California. The overarching goal is to ensure the child’s best interests are met, which involves carefully and holistically evaluating all relevant factors. Parents involved in custody disputes should be aware of this complexity and might consider legal advice to navigate these sensitive issues effectively.

For those in California facing custody battles, understanding these nuances is crucial. Consulting with a family law attorney specializing in California custody cases would be beneficial for further details and guidance.