CALIFORNIA FAMILY LAW
...Custody and Visitation
......Factors Considered in Cust./Visit. Award
.........Child's Preference
 9 Cards On This Topic:
  • Court shall consider preference of child in making custody or visitation order under certain circumstances.
  • Child need not testify for court to learn preferences; may do so through alternative means such as C’s attorney.
  • Parent not entitled to own 733 expert evaluation to determine child’s custodial preferences.
  • Trial ct. not required to interview 5 yr. old child to determine its preferences.
  • Wishes of child not conclusive on issue of best interests.
  • Preferences of mature 10- and 13-year-olds should be considered by court.
  • Preference of children should receive greater consideration in modification proceeding than in initial custody order.
  • Child's preference may be inferred from court's conversation with child.
  • Preference of 14-year-old must be considered, but need not be given effect.


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