Family
Jun. 18, 2011
Good Concept, Bad Outcome: New Law Allows Children to Testify About Custody Preferences
Questioning children on which parent they want to live with will do more harm than good.
Mitchell A. Jacobs
Law Office of Mitchell A. Jacobsfamily law (certified)
21860 Burbank Blvd #175
Woodland Hills , CA 91367-7438
Phone: (310) 717-1447
Email: mjacobs@jacobsfamilylaw.com
California Western Law School
Mitchell A. Jacobs is a certified family law specialist who limits his practice to serving as a private judge and mediating marital dissolution and other family law matters.
The revised Family Code Section 3042, which went into effect on Jan. 1, 2011, directs courts to allow a child age 14 or over to testify about his or her custody preferences unless the court determines that doing so is not in the child's best interest. To the extent the court determines that it is not in the child's best interest to testify, the new law requires the court to make findings on the record in connection with the court's decision not to allow the testimony. It also requires th...
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