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Nov 29
1999
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Ask a Lawyer: More time with Dad!Posted by: Dads Divorce on Nov 29, 1999 Tagged in: Visitation , Visitation , Parenting , Modification , custody , custody , CA , Ask A Lawyer , age of child testifying in court
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Question:
My step children are now 16 and 14 and have been asking their Mom for years if they can see Dad more. Their mom lives 2.5 miles from us. She says no and will not offer any explanation. What age to the courts consider their wishes and how do we request more time. Mom works 2 jobs and is also gone 3-4 nights a week now. Any suggestions?
Answer:
I cannot provide you with an answer specific to the laws of CA as I am not licensed in that State. There is not a definitive age in most jurisdictions when the child can testify concerning their wishes with regard to custody. At a minimum they would need to be able to understand and follow the oath given to testify truthfully. Generally around 12 years old a child can testify in court in custody matters. However, a mature 10 year old may testify, but an immature 13 year old may not be allowed to testify. At 14 and 16 years old, they can testify in most jurisdictions. The fact that she is not available and the children of this age want to spend more time with their father would provide a good basis to modify the current custody and visitation order. The reason for the additional time with dad will be questioned in court. If the children indicate that dad lets them stay up late and play video games, that would not be a valid justification for the children to be at dad's home more.
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