Post: Testimony of children in child custody cases
Posted by B. Robert Farzad on 3/21/13
California Family Code 3042 became law on January 1, 2012.
It stated that a child of 14 years of age or older shall be
allowed to state a preference unless the court finds it is
not in the child's best interest to do so. A child under
the age of 14 is also permitted to do so but the
presumption to do so does not apply. Of course, nothing
states that the Court must follow the preference.
An interesting topic of discussion is this - for California
family law lawyers, have you witnessed family courts more
willing to allow children to testify about the issue of
preference than before? Also, have you noticed more parents
citing preference as a reason for a custody order.
For non-California family law attorneys, how does your
state deal with this issue?
Divorce Attorneys in Orange County, California
Posts on this thread, including this one
- Testimony of children in child custody cases, 3/21/13, by B. Robert Farzad.