IS THE OPINION OF THE CHILD EVER TAKEN INTO CONSIDERATION IN A DIVORCE?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

Question: Is the opinion of the child ever taken into consideration in a divorce? If so, at what age will the court actually take that opinion into consideration? Thank you in advance.

ANSWER: Yes, the opinion of your child may be taken into consideration by the court, under certain circumstances, but there is no particular age at which the court would consider the child's opinion. Instead, the court's perception of the child's maturity, reasons and intelligent preference would be factors which would influence the court's consideration.

Family Code Section 3042 provides: (a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an order granting or modifying custody; (b) In addition to the requirements of Evidence Code Section 765(b), the court shall control the examination of the child witness so as to protect the best interests of the child. The court may preclude the calling of the child as a witness where the best interests of the child so dictate and may provide alternative means of obtaining information regarding the child's preferences.

If Minor's Counsel is appointed for the child pursuant to Family Code Section 3150, your child's wishes may be expressed through Minor's Counsel at your child's request. Family Code Section 3151(a) provides that if the child so desires, Minor's Counsel shall present the child's wishes to the Court.

This educational blog is brought to you by DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.