The Impact of a Child’s Preference in Custody Awards

Are you going through a custody dispute in the state of California? If so, then you may be curious as to what legal weight (if any) your child’s parental preference has on the outcome of your case. By having a better understanding of California law in regard to child preference, you can better advocate for yourself moving forward. And of course, having an experienced legal team on your side can make all the difference, too.

What Weight Does a Child’s Preference Carry?

In the state of California, there are specific laws regarding how much weight a child’s preference carries when determining which parents will receive primary or even full custody of a minor. Specifically, the child must be at least 14 years of age in order for his or her preference to be taken into significant consideration. In children younger than 14, the court considers the child too young and thus not yet mature enough to express a preference one way or the other. In these instances, the child’s preference may still be weighed as a factor, but with far less significance.

Still, in children 14 and older, a stated preference carries a great deal of weight on a judge’s custody decision.

Other Factors Determining the Outcome of a Custody Dispute

While having a child report to a judge that he or she prefers to live with one parent is a big deal in court, this does not constitute an automatic granting of custodial rights to that parent. Instead, other factors must also be taken into consideration by the judge.

Some of the other factors that the judge will weigh include the health and safety of the child, the parent’s criminal history (especially in regard to domestic abuse), and any history of drug or alcohol abuse by the parent.

In general, so long as there are no concerns about the child’s wellbeing, the child’s parental preference will be granted as long as the child is at least 14 years of age. If the child is younger than 14 and expresses a preference, this will still be taken into account, but not as strongly from a legal perspective.

Why You Need Legal Representation

There’s a lot that a judge must consider when ruling on a child custody dispute in the state of California. From the child’s preference to other matters, the most important thing at the end of the day is that everybody is looking out for the best interests of the child.

If you’re in the middle of a custody dispute in California, you need legal representation from a family lawyer who has extensive experience with these cases. At Erica Bloom Law, we can provide you with the legal guidance you need throughout every step of your divorce and custody dispute. Contact us today to schedule a free consultation.

image of child dealing with divorce

How Divorce Physically Affects Children

Going through a divorce is difficult enough when there are no shared children involved. Unfortunately, when a couple with children decides to legally separate, things can quickly become exponentially more challenging. Children of all ages are very prone to the emotional and even physical toll that a parents’ divorce can cause.

By being aware of the ways in which divorce can physically affect children—as well as the ways in which a divorce can actually be better for children in the long run—you can have a better idea of what to expect in your own situation.

Physical Effects of Divorce and Separation on Children

The physical effects of divorce on children have been well studied over the years, and it has largely been found that children who grow up in divorced households (versus two-parent households) are more likely to suffer from a number of physical ailments throughout their lives. This includes not just illnesses, but injuries related to accidents and even drug and/or alcohol abuse.

Often times, children who have gone through a divorce will be more prone to illness. This may be attributed to any number of factors, ranging from a loss of sleep due to stress (which can weaken the immune system) to depression and anxiety.

When Can a Divorce Actually Help a Child’s Physical Health?

On the other hand, it is also important to acknowledge that a divorce can benefit a child both mentally and physically in the long-run. For example, if a child is being exposed to physically or emotionally abusive situations by one parent in the household, then a legal separation with custody awarded to the other parent can result in a positive outcome for the child by removing him or her from the abuse.

Even when no outright abuse is present, a divorce can protect children from the mental and physical stress of growing up in a household with parents who are frequently arguing or otherwise unhappy.

Time to Consult With a Family Lawyer

At the end of the day, every parent wants what’s best for their child. Unfortunately, going through a divorce or legal separation can have far-reaching mental and physical effects on children of all ages. This is why it’s so important to go about the process cautiously and with the right legal team on your side. Schedule your consultation with the experienced professionals at Erica Bloom Law to get the guidance you need!