California Family Code

§ 3042

FAM § 3042 Effective Jan 1, 2022Div. 8 · Part 2 · Ch. 2

Statute text

(a)If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation, the court shall consider, and give due weight to, the wishes of the child in making an order granting or modifying custody or visitation.

(b)In addition to the requirements of subdivision (b) of Section 765 of the Evidence Code, the court shall control the examination of a child witness so as to protect the best interest of the child.

(c)If the child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child shall be permitted to do so, unless the court determines that doing so is not in the child’s best interest, in which case, the court shall state its reasons for that finding on the record.

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Legislative history

Amended by Stats. 2021, Ch. 768, Sec. 2. (SB 654) Effective January 1, 2022.