If you are involved in a Los Angeles County or Orange County child custody dispute and have a child who is old enough to express his or her views on which parent he/she would like to live with, the courts may consider "child's preference" in making the determination as to what is in the best interest of the child.
Indeed, pursuant to Family Code section 3042(a), it states as follows:
"If a child is of sufficient age and capacity to reason so
as to form an intelligent preference as to custody or visitation,
the court shall consider, and give due weight to, the wishes of the
child in making an order granting or modifying custody or visitation."
Additionally, Family Code section 3042(c) states as follows:
"If the child is 14 years of age or older and wishes to address
the court regarding custody or visitation, the child shall be
permitted to do so, unless the court determines that doing so is not
in the child's best interests. In that case, the court shall state
its reasons for that finding on the record."
Further, it should be noted that the child's age alone is not determinative of whether the child's wishes must be considered and weighted. Rather, such qualities as the child's sincerity, bearing and degree of maturity should be judged. Marriage of Rosson (1986) 178 CA3d 1094, 1103. In Rosson, the wishes of children 10 and 13 years old whom the mediator found to be "very mature" were properly considered and given some weight.
The child's wishes are entitled to greater consideration in modification proceedings than in the initial custody determination because in the former situation the child will have lived with the arrangement and will have a more informed basis for his or her preference, according to Marriage of Rosson.
Finally, Family Code section 3042(f) states as follows:
"To assist the court in determining whether the child wishes to
express his or her preference or to provide other input regarding
custody or visitation to the court, a minor's counsel, an evaluator,
an investigator, or a mediator who provides recommendations to the
judge pursuant to Section 3183 shall indicate to the judge that the
child wishes to address the court, or the judge may make that inquiry
in the absence of that request. A party or a party's attorney may
also indicate to the judge that the child wishes to address the court
or judge."
For more information on filing a post judgment modification for child custody or visitation, contact an Orange Couny child custody lawyer for more information.
