What You Need to Know About a Child Expressing Preference in a California Child Custody Case
A child’s preference in a child custody case is important in determining future custody rights. Here’s what you need to know about whether or not a child can express preference in a California child custody case.
A child’s participation in the courts is determined on a case-by-case basis. Their participation will be evaluated by the court to determine the best way in which to balance addressing the child’s wishes, protecting the child, and contributing the child’s thoughts to the court discussion.
At What Age Can a Child Refuse to See a Parent in California?
A child can express their preference to not see a parent in California at age 14 or older. For any child at this age, the judge is required to hear the child unless the court finds that the child addressing the court would not be in the child’s best interest or states other reasons on the record.
Related: What to Do If Child Refuses Visitation With the Other Parent
How the Court Determines Best Interest
The judge is required to hear all children at age 14 or older, unless the court determines addressing the court would not be in the child’s best interest. The judge must consider the child’s best interest for children of all ages who wish to address the court.
The judge considers the following factors when determining whether addressing the court is in the child’s best interest:
- Whether the child is of sufficient age and mental capacity to form a valid preference regarding custody or visitation
- Whether the child is of sufficient age and mental capacity to understand what giving testimony entails and means
- Whether information or evidence has been presented indicating that the child may be at risk emotionally if they are allowed or denied the ability to address the court, or that the child may benefit from addressing the court
- Whether the topics or subjects the child will address are relevant to the court’s discussion and decision-making process
- Whether any other factors affect the child addressing the court
Related: What The “Child’s Best Interests” Mean in California Courts
How the Court Determines if a Child Wishes to Address the Court
The following people must inform the court if they have information that a child involved in a child custody or visitation dispute wishes to address the court:
- A minor’s counsel
- An evaluator
- An investigator
- A child custody recommending counselor who provides recommendations to the judge
The following people may inform the court if they have information that a child involved in a child custody or visitation dispute wishes to address the court.
- A party
- A party’s attorney
The judicial officer may also inquire if the child would like to address the court if no information that the child wishes to address the court is available.
FAQs About a Child Expressing Preference in a California Child Custody Case
My child is not 14 yet, but they want to express a preference in court. Can they?
Yes. Although the judge is required to hear all children who are 14 years old or older, the judge can still hear younger children after determining if addressing the court is in the child’s best interest.
If my child wishes to address the court, how can they prepare?
The courts should give resources to parties whose children wish to address the court, including resources like orientations that explain the court process to the child, information on how the child’s testimony could affect the case, a children’s waiting room, and a child’s interpreter.
Should my child address the court?
Children addressing the court is determined on a case-by-case basis. Therefore, you should make the decision that is in the best interest of your child.
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If you have any more questions about whether or not a child can express preference in a California child custody case, contact us. Get your free consultation with one of our experienced Child Custody Attorneys today!