California Family Code 3042

California Family Code 3042 Attorney

When dealing with a child custody battle, emotions can run high. Parents often feel concerned about what will be in the best interest of their child. Following a divorce, the topic of child custody can often cause the most contention between the couple. Though it might not be the deciding factor, the courts will likely take into account the preference of the child if they deem that child to be of a certain age and maturity under California Family Code 3042.

However, in cases of custody, the courts can ignore the child’s wishes, should they deem the child to not be old or mature enough to make this decision for themselves. If you are undergoing a divorce in California and facing a determination of child custody, it is important to know how and when the courts might allow your children to show their preference as to who their custodial parent will be.

What Is California Family Code 3042?

In California, if a child 14 years old or older wishes to go before the court and express their custody or visitation preferences, they are allowed to do so as long as the courts deem this action to be in the interest of the child in question. The courts must also give appropriate weight and gravity to the child’s preferences when making a determination or modification on the custody or visitation rights of the parents.

Under California Family Code 3042, a child who is 14 years old or older has the right to present their preference for parental custody and visitation rights. Likewise, under this code, children who are under the age of 14 may also address the courts on the topic of their parental custody and visitation rights unless the courts deem this an inappropriate action and not in the interest of the child.

If the courts refuse the child an opportunity to testify as to their preference for custody and visitation, they must still allow the child an alternative method to offer their input on this topic. In any of these situations, the courts are required to ensure the protection of any child who is acting as a witness to their own custody or visitation battle. In most cases, children will not be allowed to testify as to their preference in the presence of their parents.

It is important, however, to keep in mind that, in any child custody or visitation rights case, a child will not ever be required to make a statement regarding their preference. They will only do so if they feel the need themselves. If a child wishes to testify as to their preference, they can do so by informing the judge or a parent of their desire to address the court. Additionally, the judge may ask the child if they would like to make a statement, or their parents can ask them to speak.

Quinn & Dworakowski, LLP: Guiding You Through Child Custody Proceedings

At Quinn & Dworakowski, LLP, we understand that it can be emotionally difficult if a child wants to be in the custody of your co-parent over you. Likewise, we understand the challenges faced by parents who know that their child wishes to be with them over their co-parent, but the other party refuses to respect the wishes of that child. With over 30 years of legal experience regarding these family members, our attorneys know how to navigate these situations.

Ways in Which a Child Might Show Their Custody Preference

In California, a child might express their custody preferences to a judge in open court or in the judge’s chambers. According to California Family Code 3042, however, this should not take place in front of either parent. A child might address their custody preference to the judge through the following:

• An individual who is the minor’s counsel (a lawyer who represents the child through their custody proceedings)
• The appointment of a child custody investigator or evaluator
• Their participation in family mediation
• A counselor who is recommended to work in child custody proceedings
• A center for child interviews or other professionals related to child custody proceedings

FAQs About California Family Code 3042

What Are Some of the Wrong Reasons Why a Child Might Try to Exercise Their Rights Under California Family Code 3042?

Unfortunately, there can be some wrong reasons as to why a child might try to exercise their rights as laid out in California Family Code 3042. These reasons can include:

• Parental alienation
• Trying to avoid discipline by one parent or the other
• Facing pressure from one parent or the other to choose them

This is why courts might not always respect the preferences of a child during a custody battle.

Will the Courts Always Respect the Preferences of a Child in Custody Proceedings?

No, the courts will not always base their ruling on what the preferences of the child are in custody proceedings. Judges who oversee a custody case are not obligated to make their ruling based on the child’s wishes. If the judge believes that the child is being false or used by one of the parents to manipulate the outcome of the case, they can choose not to honor the supposed wishes of the child.

How Much Do Child Custody Attorneys Charge in California?

In California, it is not always possible to offer an exact estimate of the cost to retain the services of a child custody attorney. There can be several factors that influence the final cost analysis. These can include the duration and complexity of the case as well as the skill level, effort, and experience of the attorney.

What Factors Are Considered When Determining the Interests of the Child in California?

In a California custody battle, the judge will try to make their ruling based on what they believe is in the interest of the child. When determining what the interest of the child is, they will factor in certain elements. These can include:

• The age and health of the child
• Each parent’s ability to care for the child
• Any history of abuse or domestic violence on the part of the parents

Contact a Trusted Child Custody Attorney Today

If you are facing a child custody battle in California, you may want to learn more about the rights your child might have to address their preferences. Quinn & Dworakowski, LLP, can provide answers about the rights you are entitled to under California Family Code 3042. Contact our offices today for more information.