New Bill Looks to Change Age for Children with a Custodial Preference

Currently, California Family Code Section 3042 states that if a child is 14 years of age or older and wishes to address the court regarding custody or visitation, the child shall permitted to do so, unless the court determines that doing so is not in the child’s best interest.

There is a new bill that is being introduced in the California State Legislature which would change the age requirement from 14 to 10 years of age.

California Family Code Section 3042 does currently allow children under 14 to express their preference, if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody or visitation and if the court determines that is appropriate pursuant to the child’s best interests. But lowering the age requirement will significantly impact the age children are allowed to tell the court what custody arrangements they want. We will see if the legislature passes this new amendment.

If you have a child custody issue call Morales Law, P.C. today for a free consultation (805) 422-7966.