Why Family Code Section 3042 Should be Amended
No statute or court rule requires a child to testify in a California custody proceeding. (Court, rule 5.250(a).) However, if a child wishes to address the family law court, how does the judge decide whether to consider child’s custody preferences. California Family Code section 3042 confers on children “of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation” a limited right to address…
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