California Revises Family Code to Allow Children to Participate in Custody Proceedings
A California family code revision that allows children a voice in child custody proceedings began January 1, 2012. Now, unless it is not in the best interests of the child, children of at least 14 who want to testify in court regarding visitation or custody will be able to do so. Children who are younger than 14 may be allowed to testify if the court feels it is in their best interest to do so.Children that do not testify in court will be provided with a forum to offer their desires, and parents, attorneys, and the judge are able to request the childs input in matters of custody and visitation, however, the court is tasked with finding the balance between providing for a childs input and protecting the child.
Family law specialists will keep their eyes and earns on California courts to see the revised code in action. One issue to be immediately taken into account is how to ensure that no child feels torn between their parents, allowing each child the right to not be involved in the courts decision. Parents, attorneys and the courts will need to give careful consideration to their desires of the child in each individual case.
Tags: best interest of child california custody proceedings family code family law specialists’