On Jan. 1, 2012 California law revised family code section 3042 to provide a forum for children to participate in child custody proceedings. Children 14 years of age or older who wish to testify in court regarding custody or visitation may do so, unless the court feels that it is not in the best interest of the child. Those younger than 14 years old may be allowed to address the court, if the court believes it is in the child’s best interest to do so.
If the court doesn’t allow a child to testify, the court must provide another way of getting the child’s input on their preferences to how the custody case works out. Parents, attorneys and the judge may request input from the child when it comes to making decisions regarding custody and visitation rights. However, the court must find the delicate balance between protecting the child and considering their wishes.
“Child custody matters often involve complicated issues with long-term implications for families and children,” says Los Angeles certified family law specialist, Peter M. Walzer of Walzer & Melcher, LLP. “When families go through the family court system, the children are affected by legal proceedings and decisions.”
Walzer claims psychological and emotional harm is the greatest risk for children due to their vulnerability. While some children want to testify in court, others do not want to be in the middle of their parents’ dispute. In order to avoid any harm to the child, the Los Angeles family law specialist says it is very important to not automatically call the child as a witness. If it is unnecessary to keep the child out, Walzer says it is bet to do so.
“In each case, judges, lawyers, parents and the courts need to consider the needs and wishes of the child,” Walzer says. “The courts also need to look at whether or not the child’s input has probative value and if the parents want their child to participate.”
About Peter M. Walzer: Peter M. Walzer is a certified family law specialist who is a partner at Walzer & Melceher, LLP in Los Angeles. He is also a fellow of the American Academy of Matrimonial Lawyers.
About Walzer & Melcher LLP: Walzer & Melcher LLP is composed of a team of trial attorneys who practice family law exclusively. They handle divorce, custody and paternity cases in Los Angeles and Ventura County. The team is also knowledgeable related areas of law, such as real estate, corporations, partnerships, pensions, taxation, trusts and estates and criminal, which allows them to better serve their family law clients.
MEDIA CONTACT
Peter M. Walzer
Walzer & Melcher LLP
(818) 591-3700
www.California-Divorce.com
www.walzermelcher.com
SOURCE: Peter M. Walzer
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