When Can a Teen Decide Which Parent to Live With in California?

When a teenager says they want to live with one parent over the other, it often leads to stress, disagreement, and confusion. Many parents assume that once a child reaches a certain age, their choice determines custody. But in California, it’s not that simple.

James Chau, a Certified Family Law Specialist by the State Bar of California Board of Legal Specialization, works with families facing these difficult questions. With extensive experience handling complex custody matters, he provides practical guidance during emotionally charged transitions.

How California Courts View a Teen's Custody Preference

Age Matters, but It’s Not the Only Factor

California Family Code Section 3042 gives children 14 and older the right to tell the court which parent they want to live with, unless the judge decides it wouldn’t be in the child’s best interest. That said, judges don’t automatically follow the child’s request.

Younger children may also be heard if the court finds them mature enough to contribute. But no matter the age, a child’s preference is just one piece of the bigger picture.

What Judges Consider When a Teen Expresses a Preference

It’s About Best Interests, Not Just Personal Choice

A teen’s voice can be important, but California judges base their decision on what’s best for the child overall. The court will consider:

• The reasons for the child’s preference (such as stability, school, or family dynamics)

• Each parent’s ability to support the child’s emotional and physical well-being

• The quality of the relationship between the child and each parent

• Whether either parent has pressured or influenced the child

• The child’s current school, community, and routine

In more complicated cases, the court may appoint a minor’s counsel or request a professional custody evaluation.

How Teens Share Their Preferences in Court

Respecting Privacy and Emotional Safety

California courts try to avoid putting teens in the middle of a dispute. If a teen wants to share their preference, they may speak directly with the judge in a private setting. This is often called an in-camera or in-chambers interview.

Sometimes, a minor’s counsel communicates on the teen’s behalf. Judges may also consider input from school staff, therapists, or custody evaluators. These steps help make sure the teen’s voice is heard without increasing conflict.

Why Legal Guidance Matters in Teen Custody Cases

Custody cases involving teenagers are rarely straightforward. Teens are still growing, and their opinions can be shaped by many influences. Courts understand this, and they weigh each case carefully.

James Chau has guided many families through custody changes involving teens. As a Certified Family Law Specialist, he understands how to present the facts clearly and how to help parents protect their relationship with their children. Whether you’re requesting a change or responding to one, having a steady legal approach matters.

Start Moving Forward with Trusted Legal Guidance

If your teenager has asked to live with the other parent, or if you expect a custody change based on your child’s request, it’s smart to get legal advice. A skilled family law attorney can help you understand your options and protect your child’s well-being.

To speak privately with James Chau, call 408-899-8364 or use the secure contact form.