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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Parenting Agreements 101

If you are divorcing and you have children, you have an important decision ahead of you: putting your children before spousal disagreements, rather than forcing a court to decide how you’ll continue to parent together. At Fernandez & Karney, our LA family lawyers specialize in creating parenting agreements specific to your family’s needs. What is a Parenting Agreement? A parenting agreement or plan is a written document that defines how…

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