What Age Will Courts Consider Children"s Wishes in a Custody Case in California?
Fighting over custody, visitation and child support is one of the quickest ways to turn an uncontested divorce into a hotly contested one.
With both parents fighting for custody or visitation rights, the divorce process quickly becomes messy and emotional for all involved including the children.
One common question that parents have around this part of the divorce is, "at what age will the court consider the child's wishes as far as which parent they would prefer to live with?" Tread carefully in these cases, as putting children in a position to choose between his or her parents can be a stressful and very emotional decision.
The Court will typically determine what is in the best interests of the child, but may consider the wishes of the child if the child is of sufficient age and maturity.
The Court may listen to the child's reasons for wishing to live with a certain parent and may consider specific circumstances before granting the child's wish.
California Family Code Section 3042(a) reads that if a child is determined to be "of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an order grating or modifying custody.
" The court will pay special attention to the reasons for the child's wishes.
California Family Code Section 3042(b) specifies, however, that that the court will determine whether the child is able to be called upon as a witness in the case and may not allow the child to be called as a witness by either party if it is determined that it would not be in the best interests of the child.
There is a new law in California, though, that allows children 14 years of age of older to testify regarding their preferences of custody and visitation save for cases in which the court determines that testifying in the case is not in the best interests of the child.
This went into effect January 1, 2011 and is from California Family Code Section 3042(c).
Keep in mind that even children who are younger than 14 years old may testify in court regarding custody and visitation if the court determines that it is okay to do so.
California Family Code Section 3042(e) explains that if the court does not allow the child to testify where he or she wants to be heard, the court has to try to obtain the input of the child.
An attorney's input is always encouraged.
With both parents fighting for custody or visitation rights, the divorce process quickly becomes messy and emotional for all involved including the children.
One common question that parents have around this part of the divorce is, "at what age will the court consider the child's wishes as far as which parent they would prefer to live with?" Tread carefully in these cases, as putting children in a position to choose between his or her parents can be a stressful and very emotional decision.
The Court will typically determine what is in the best interests of the child, but may consider the wishes of the child if the child is of sufficient age and maturity.
The Court may listen to the child's reasons for wishing to live with a certain parent and may consider specific circumstances before granting the child's wish.
California Family Code Section 3042(a) reads that if a child is determined to be "of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an order grating or modifying custody.
" The court will pay special attention to the reasons for the child's wishes.
California Family Code Section 3042(b) specifies, however, that that the court will determine whether the child is able to be called upon as a witness in the case and may not allow the child to be called as a witness by either party if it is determined that it would not be in the best interests of the child.
There is a new law in California, though, that allows children 14 years of age of older to testify regarding their preferences of custody and visitation save for cases in which the court determines that testifying in the case is not in the best interests of the child.
This went into effect January 1, 2011 and is from California Family Code Section 3042(c).
Keep in mind that even children who are younger than 14 years old may testify in court regarding custody and visitation if the court determines that it is okay to do so.
California Family Code Section 3042(e) explains that if the court does not allow the child to testify where he or she wants to be heard, the court has to try to obtain the input of the child.
An attorney's input is always encouraged.
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