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Senate rejects proposal to lower age of custody preference from 16 to 14
Summary
After an extended and emotional floor debate, the Senate voted down SB139, a bill that would have given greater weight to the custodial preferences of 14- and 15-year-olds; opponents warned of parental manipulation and pressure on children.
Senate Bill 139, sponsored on the floor by Senator Robles, proposed lowering from 16 to 14 the age at which a child’s custodial preference is given greater weight in custody proceedings.
The floor debate was sharply divided. Senator Hilliard, a lawyer with experience in family law, urged caution: lowering the age invites parental manipulation and places undue pressure on younger adolescents, he said, and courts already have ways to hear children’s views through custody evaluators and judge-only interviews. “By lowering this age from 16 to 14 ... you will invite parents to manipulate children,” Hilliard said. He warned that 14-year-olds lack the independent options of older teens and are more susceptible to being influenced by parents.
Supporters such as Senator Weiler and sponsor Senator Robles said the change would give a voice to children in contested cases, noting that custody evaluations are expensive and therefore inaccessible to many families; allowing a 14-year-old to speak directly to the court would help children whose families cannot afford evaluators. Senator Romero added that many jurisdictions and neighboring states use 14 as the threshold and that judges still retain discretion.
The Senate voted 11 in favor, 16 opposed, with 2 absent; the bill failed and will be filed. Proponents framed the measure as an access and dignity issue for children; opponents framed it as a risk to child welfare and family stability.
