What legal rights does a child have when facing separation or divorce?

In California, a child’s rights during separation or divorce depend on their age and level of maturity. Generally, a child who is 14 years old or older may choose which parent they prefer to live with. However, the court’s decision will rely on what is in the child’s best interests. Children of any age have the right to be heard in court. For example, they may be able to speak to a child custody evaluator or the judge themselves about who they would like to live with. In certain cases, the court may appoint a lawyer for them to represent their best interests. Regardless of the child’s age or preferences, the law seeks to protect the child’s best interests during a divorce or separation. The court may consider factors such as which parent provides a better physical and emotional environment for the child, as well as which parent is more likely to honor custody agreements. When it comes to visitation rights, the court will weigh the child’s relationship with both parents and decide what will be best for the child. The court may establish a visitation schedule that allows the child to spend time with both parents in a healthy way. Child advocacy law in California seeks to ensure that children’s rights are respected and that their needs are addressed during a divorce or separation. Every child should have the right to a safe and stable home environment even when their parents are splitting up.

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What legal rights does a child have when facing separation or divorce?

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