Do you have a teenager? If so, you’ll want to know what rules are specific to teens when it comes to custody. This article will focus specifically on teens and outline some of the rules and considerations that will help you create a smoother experience for your teen in coping with divorce and change.
- Does my teenager have a say in custody? Typically, yes.
Children of any age can address the court, but as per Family Code 3042, children 14 years of age or older specifically can address the court regarding custody and visitation, unless the court determines that it is not in the child’s best interest. This means that unless there is a special circumstance, your teenager will get to have a voice in the process if he or she so desires.
- Will it matter what my teenager’s preferences are? Typically, yes.
California judges must promote the best interest in the child after considering the factors, which can include the preference of the child. There is no exact formula as to the weight the child’s preference has in the overall determination. What this means is that your teenager’s choice isn’t necessarily the final answer, but it will likely weigh into the judge’s decision.
- How does the court hear the teen’s preferences?
The judge has discretion to talk to the child in open court or in chambers. The parents may be present but they may not. The judge has a wide latitude in determining how to get the information needed, and as always must take into consideration the best interest of each child.
- What issues should I think through with my teenager and the divorce?
Often teens go through a lot of changes at this time of their lives, so you can probably expect some adjustment challenges that may need to overcome. Does your teenager have a car that will enable the teen to ignore custody plans? Do you and the other parent have similar rules for curfew, financial support of the teen, etc.? What will be your strategy if your teen’s preferences for custody change over time? A wise parent will think through the potential issues and challenges that may arise with the teen and talk about those issues before they become big problems.
- Can I modify the custody arrangement? What if my teenagers preferences change? Yes.
Yes, the existing custody order may be modified when there has been a change in circumstances. It may be that the teen’s preference is the change in circumstances, or it may be that other changes are prompting a modification. Again, the court will consider what suits the best interest in the child and will consider all the same factors that were used initially to establish custody. The teen can play a role in voicing opinions for the modification just as the teen’s preferences factored into the original custody determination.
You teenager is going through a lot of changes themselves and in their environment, so a divorce can be an additional stress. However, your teen is likely also more capable of understanding and processing the divorce process than small children, and the opportunity for your teen to participate in the custody process can be a step in the right direction of helping them navigate the future.
