CAN MY CHILD'S PREFERENCE BE TAKEN INTO CONSIDERATION IN A CHILD CUSTODY CASE?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Can my daughter's will be taken into consideration in a child custody case? My 17 year old daughter moved in with me (father) after her mother agreed. She allowed my daughter to un-enroll from her high school, and we enrolled her where my daughter and I live. Now, three months later, the mother has changed her mind and is threatening kidnapping charges. No paperwork has been filed to change custody. Can our 17 year old state she does not want to go back to mother's residence when and if Sheriff dept show's up at our door?

ANSWER: Your daughter's "will" might not be considered by the sheriff, but could be considered by the Family Law Court in appropriate proceedings. See my Blog published on January 28, 2011, entitled: "Is the opinion of the child ever taken into consideration in a divorce?"

If the Child Custody orders in the Judgment of Dissolution of Marriage or the Uniform Parentage Act Judgment award your daughter's physical and/or legal custody to your wife, you and your daughter may be at risk if the sheriff knocks on your door.

Under the circumstances, you should promptly retain a Family Law Attorney to file an Order to Show Cause to modify child custody in the divorce case, including a request for appointment of minor's counsel, who would be able to convey your daughter's preference to the Court. It is likely that the Court would be willing to consider your 17-year old daughter's preference.

This educational blog is brought to you by DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Family Law Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.