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    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.

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