When can a judge consider a child's preference in making a custody decision under California law?

A California judge must consider the preference of a child aged 14 or older if the child wishes to share it, unless it is not in their best interest. For a child under 14, the judge has the discretion to hear their preference based on the child's maturity level. Here is how you can ask the court to consider your child's preference: Step 1: Discuss the matter with your family law attorney. Explain to your attorney why you believe the child's preference is important and should be heard. Your lawyer can advise on the best way to present this to the court and whether it is strategically wise for your specific case. Step 2: File a formal request with the court. Your attorney will file a request, typically using a Request for Order (Form FL-300), asking the judge to listen to the child. This motion should explain why hearing from the child is in their best interest. Step 3: Propose how the child will communicate with the judge. The child will almost never testify in an open courtroom. Instead, they usually speak with the judge privately in the judge's office, known as an "in-chambers" interview. Your attorney can request this method. Step 4: Consider alternatives to direct testimony. Directly addressing a judge can be stressful for a child. You can ask the court to appoint "minor's counsel," an attorney who represents the child's interests and reports their wishes to the court. Another option is a child custody evaluation, where a neutral mental health expert interviews the child and includes their preference in a formal report. Important Details: The judge's decision is always based on the child's overall best interest, as outlined in Family Code section 3011. A child's preference is only one factor among many, including the child's health, safety, and emotional well-being. The judge is not required to follow the child's wishes, especially if they believe the preference is the result of parental influence or is not in the child's best interest. Warnings and Limitations: Never coach or pressure your child into stating a particular preference. Judges are skilled at identifying parental alienation or influence, and it can severely harm your credibility and your case. Carefully consider the emotional toll that involving your child in the court process may have on them. This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California family law attorney to discuss the specific details of your case.