What Kids Say Counts: Child Testimony at California Custody Hearings

When a California divorce involves legal determinations regarding children, the resulting complexities can pose challenges even if the couple is generally in agreement. Statutory provisions regarding child support and custody require that children's best interests must also be taken into account.

California recently provided even stronger attention to children's expressed interests in child custody determinations. Following recommendations from a statewide family law task force, California legislators approved more effective child custody procedures to improve the experience for both parents and children.

The changes to the way child custody determinations are made include several new provisions for participation by children in legal proceedings when their parents divorce:
- Children who are at least 14 years old should be allowed to express their preferences regarding custody or visitation orders unless the judge finds that doing so would not serve the child's best interests
- A family court judge can allow younger children to testify about grants or modifications of child custody or visitation if they are "of sufficient age and capacity to reason so as to form an intelligent preference"
- Parents, family law attorneys, and evaluators now have formal procedures for informing family court judges that a child would like to appear at a hearing

The law also required the California Judicial Council to establish new procedures for examination of children who appear as witnesses, and these new rules took effect at the beginning of 2012. The rules are intended to protect children from embarrassment or the potential for harassment, and include the power to limit parental access to hearings when children testify if necessary.

A child's expressed wishes about which parent he or she would prefer to live with is a highly relevant factor in child custody determinations, as well as considerations about particular holidays or access to school programs and activities. However, the full range of factors must still be taken into account, including a mother or father's allegations of parental unfitness, domestic violence or other issues involving responsible parenting.

A California child custody lawyer can help a parent assess his or her prospects for securing physical or legal custody of a child or children. Just as important, a family law attorney can assist parents with the legal process for modification of existing custody terms. This is true whether the client is concerned about the effects of job relocation or wants to oppose the other parent's petition for a change to visitation.

Article provided by Law Offices of David P. Schwarz
Visit us at www.davidschwarzlaw.com/

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