US-CaliforniaCan my child's preference affect the custody decision?
Yes, your child's preference can affect custody in California, but only if the court finds the child is of sufficient age and maturity to express a reasoned preference — and the judge decides it's in the child's best interest to consider it.
What the Law Says
California law allows courts to consider a child’s preference in custody decisions — but only under specific conditions. The child must be of sufficient age and capacity to reason, and the court must determine that expressing a preference serves their best interest.
The key statute is Family Code § 3042, which states that if a child is 14 years or older, the court 'shall' consider the child’s preference — unless the court finds it would not be in the child’s best interest to do so. However, even for children under 14, judges may still hear and weigh a preference if the child demonstrates sufficient maturity.
Importantly, the child’s preference is never controlling — it’s just one factor among many in determining the child’s best interest (e.g., health, safety, stability, parental cooperation). The court retains full discretion to decide how much, if any, weight to give the child’s stated wish.
Statutory TextIf a child is 14 years of age or older and wishes to address the court regarding custody or visitation, the court shall permit the child to do so.
— Cal. Fam. Code § 3042(a) — Child's right to address court
Statutory TextThe court may consider the wishes of a child who is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation.
— Cal. Fam. Code § 3042(b) — Consideration of child's preference
What Courts Have Said
California appellate courts have clarified that a child’s age alone doesn’t guarantee their preference will be followed — maturity, reasoning ability, and absence of coercion matter most.
The court emphasized that a child’s preference is only one factor in the best-interest analysis and does not override other critical considerations like stability and parental fitness.
Held that a child’s expressed preference must be based on sound reasoning — not manipulation, emotion, or superficial motives — to warrant judicial weight.
What to Do
Ask your child — gently and without pressure — whether they want to speak to the judge about custody.
File a formal request (Form FL-316 or local equivalent) asking the court to hear your child’s preference, especially if they’re 14 or older.
Prepare your child for a private, informal interview with the judge (called a 'lawyer for the child' or 'child custody evaluator' may be involved).
Avoid coaching, pressuring, or criticizing the other parent in front of your child — courts look closely for signs of undue influence.
Remember: Even if your child expresses a preference, the judge may still order a different arrangement if it better serves their health, safety, and welfare.
Sources
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UKNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.