FAQ
Costa Mesa and Orange County Family Law Firm
There is no age at which a child simply decides. Family Code section 3042 requires the court to consider the preference of a child who is of sufficient age and capacity to form an intelligent opinion, and a child of 14 or older is generally entitled to address the court unless the court finds it is not in their interest. A younger child’s views can still be heard, usually through Family Court Services rather than testimony. The preference is one factor among many, and courts are alert to a child who has been coached or pressured.
Yes. A court can order genetic testing in a parentage proceeding under Family Code section 7551 where paternity is in dispute, and testing may be requested by either parent or by the local child support agency. Refusing a court-ordered test does not defeat the case, because the court may resolve the question against the refusing party. The significant limit is the marital presumption under Family Code section 7540: where a child was born to a married couple living together, the ability to compel testing is restricted and subject to a short deadline under section 7541.
Yes, but the threshold is high. Family Code section 3040 sets an order of preference that places parents first, and a non-parent seeking custody must generally show that granting custody to a parent would be detrimental to the child and that the non-parent placement is in the child’s best interest. A non-parent who has functioned as a de facto parent may be granted standing to participate. In many situations a probate guardianship is the more appropriate route than a family law custody order, and which applies depends on the circumstances.
Sometimes, though parental rights carry constitutional weight. For visitation, Family Code section 3104 allows a grandparent to petition where there is a pre-existing bond with the child and visitation serves the child’s best interest, balanced against the parents’ rights, and the route is restricted where the parents are married and living together. For custody, a grandparent would generally need to establish that parental custody is detrimental to the child, or seek a probate guardianship. Both are demanding, and evidence of the existing relationship and of any parental unfitness is what carries them.
Generally no, not without the father’s consent or a court order. Where the father has established parentage and has custody or visitation rights, a mother cannot simply relocate the child out of state, and most orders require advance written notice of an intended move. If the father objects he can file to prevent the relocation or change custody, and the court will apply the child’s best interest, weighing the Burgess and LaMusga factors. The safe course is notice and, if necessary, a court order before moving.