blog home Child Custody How a Child’s Preference Impacts Custody in San Diego

How a Child’s Preference Impacts Custody in San Diego

Posted by Mattis Law, A.P.C. on September 5, 2025 in Child Custody

When families go through divorce or separation in California, one of the most sensitive issues is child custody. In many cases, both parents want significant time with the child.

But what happens when the child has their own preference? In San Diego, courts consider a child’s wishes, but only under specific conditions outlined in California law. The child’s age and level of maturity are a major factor that courts take into account in these situations.

At Mattis Law, A.P.C., we guide families through this difficult process and help parents understand how a child’s voice may influence the outcome. In this article, we explain the legal standards behind child preference custody in California and how those standards apply during a custody hearing.

Does a Child’s Preference Matter in California Custody Cases?

Yes, under certain conditions. According to California Family Code Section 3042, courts must consider and give due weight to a child’s preference in custody or visitation matters if the child is “of sufficient age and capacity to reason.”

This doesn’t mean the child makes the final decision. But their input is one of several factors courts weigh when determining the child’s best interests. If the child is mature enough to express a reasoned preference, the court may factor that opinion into its final ruling.

What Is the Age to Choose Custody in CA?

There is no strict “age to choose custody” in California. Family Code 3042 creates a presumption that a child who is 14 years old or older may express a preference, but this presumption can be rebutted.

Judges must allow children who are 14 or older to express a reference unless it is not in the child’s best interest (e.g., if testifying would be emotionally harmful). Children under 14 may also share their preferences, but the court has more discretion to decide whether to consider it.

How Courts Evaluate a Child’s Custody Preference

When courts assess child preference custody issues, they consider:

The child’s maturity and ability to express themselves
Whether the preference is based on rational reasons (e.g., school, siblings, stability)
Any evidence of parental pressure, manipulation, or alienation
Whether the child’s preference aligns with their health, safety, and welfare

Courts are especially cautious when the child’s stated preference may be influenced by one parent or motivated by short-term desires (e.g., lenient discipline or fun activities).

How Child Testimony Is Handled in Custody Cases

Children are not required to testify in open court. In fact, judges and attorneys often take extra steps to protect them from the stress of testifying.

A child can express their preference in several ways:

In-camera interview: A judge may speak privately with the child in their chambers, possibly with a court reporter or minor’s counsel present.
Minor’s counsel: An independent attorney appointed to represent the child’s best interests can relay their preferences to the court.
Child custody evaluator or therapist: If the court orders a custody evaluation, professionals may report the child’s stated wishes as part of their findings.

These procedures aim to prioritize the child’s well-being while ensuring their voice is heard.

When Does a Custody Hearing Include a Child’s Voice?

Courts typically consider a child’s input during:

Initial custody determinations in a divorce or separation
Modification hearings where one parent seeks to change an existing custody order
Contested relocation cases where one parent wants to move with the child

The court must follow 3042 Family Code guidelines to determine whether and how to allow the child to speak.

3042 Family Code: Key Provisions

California Family Code Section 3042 outlines the framework for incorporating child preference into custody decisions. Highlights include:

Courts must consider the preferences of children 14 or older
Courts may consider preferences of younger children based on maturity
Judges have discretion to exclude testimony if appearing in court would be emotionally damaging
If the court decides not to allow a child to speak, it must provide a written explanation

These rules ensure transparency, and they are also designed to protect children during the legal process.

Practical Considerations for Parents

If your child has expressed a preference regarding custody, here are steps you can take:

Avoid pressuring the child: Courts can detect signs of coercion and may penalize a parent who tries to manipulate the child.
Keep communication open: Encourage your child to speak honestly with their minor’s counsel or evaluator.
Respect the legal process: Don’t put your child in the middle of adult conflicts.
Work with a skilled attorney: An experienced California family law attorney can help you find the best way to incorporate your child’s preferences into your case.

Mattis Law, A.P.C. works closely with clients to protect their children’s rights and well-being throughout the custody process.

FAQs: Child Custody and Child Preferences in California

Can my child choose which parent to live with in California?

A child cannot decide which parent to live with on their own. The court will consider their input, especially if they are 14 or older, but the judge makes the final decision based on the child’s best interests.

Will my child have to testify in court?

Probably not. To avoid making a child testify in court, a judge may allow a child to speak in chambers or appoint a minor’s counsel to communicate their views instead.

What if the child wants to live with a parent who is less responsible?

The court weighs the reasons for the preference. The judge may discount the child’s preferences based on what’s best for the child.

Speak With a Trusted Child Custody Lawyer in San Diego

At Mattis Law, A.P.C., we help parents in San Diego present clear, compassionate, and effective custody cases. Whether your child wants to speak or you’re responding to a co-parent’s motion, we’ll help you protect your rights and your child’s best interests.

Amelia Mattis has been named as a Top 10 Family Law Attorneys in California by the American Institute of Family Law Attorneys, and she was also selected by Expertise.com as one of the Best Divorce Lawyers in San Diego.