Thursday, August 15, 2013

In Re Patrick S. (Cal. Ct. App. - Aug. 15, 2013)

Proof that judges are often parents as well:

"At the time of the dispositional hearing, P.S. was 13 years old. He was entitled to have his wishes [about whether to live with his father or with a foster parent] considered. However, a child's preference is not the deciding factor in a placement decision, even when that child is a teenager. . . . The court found that although P.S. did not want to live with his father, he was resigned to doing so. Resignation does not constitute substantial evidence of emotional detriment. (In a teenager, resignation and submission is often as good as it gets.)"

I smiled when I read that last sentence.  Couldn't be more true.

Even with 'tweens, I might add.  From personal experience.