AB 2098, as introduced, Maienschein. Child custody: preferences of child.
Existing law requires the court to consider and give due weight to the wishes of a child in making an order granting or modifying custody or visitation, if the child is of sufficient age and capacity to form an intelligent preference as to custody or visitation. Existing law also requires the court to permit a child who is 14 years of age or older to address the court regarding custody or visitation, unless the court determines that doing so is not in the child’s best interests.
This bill would instead require the court to permit a child who is 7 years of age or older to address the court regarding custody or visitation, unless the court determines that doing so is not in the child’s best interests.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 3042 of the Family Code is amended to
2read:
(a) If a child is of sufficient age and capacity to reason
4so as to form an intelligent preference as to custody or visitation,
5the court shall consider, and give due weight to, the wishes of the
6child in making an order granting or modifying custody or
7visitation.
8(b) In addition to the requirements of subdivision (b) of Section
9765 of the Evidence Code, the court shall control the examination
10of a child witness so as to protect the best interests of the child.
11(c) If the child isbegin delete 14end deletebegin insert sevenend insert years of age or older and wishes to
12address the court regarding custody or visitation, the child shall
13be permitted to do so, unless
the court determines that doing so is
14not in the child’s best interests. In that case, the court shall state
15its reasons for that finding on the record.
16(d) Nothing in this section shall be interpreted to prevent a child
17who is less thanbegin delete 14end deletebegin insert sevenend insert years of age from addressing the court
18regarding custody or visitation, if the court determines that is
19appropriate pursuant to the child’s best interests.
20(e) If the court precludes the calling of any child as a witness,
21the court shall provide alternative means of obtaining input from
22the child and other information regarding the child’s preferences.
23(f) To assist the court in determining whether the child wishes
24to express his or her preference or to provide other input regarding
25custody or
visitation to the court, a minor’s counsel, an evaluator,
26an investigator, or a mediator who provides recommendations to
27the judge pursuant to Section 3183 shall indicate to the judge that
28the child wishes to address the court, or the judge may make that
29inquiry in the absence of that request. A party or a party’s attorney
30may also indicate to the judge that the child wishes to address the
31court or judge.
32(g) Nothing in this section shall be construed to require the child
33to express to the court his or her preference or to provide other
34input regarding custody or visitation.
35(h) The Judicial Council shall, no later than January 1, 2012,
36promulgate a rule of court establishing procedures for the
37examination of a child witness, and include guidelines on methods
P3 1other than direct testimony for obtaining information or other input
2from the child regarding custody or visitation.
3(i) The changes made to subdivisions (a) to (g),
inclusive, by
4the act adding this subdivision shall become operative on January
51, 2012.
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