Notes

Low Cost Custody Evaluator
The Meaning of The Child's Preference in INFANT CUSTODY
In all respects of Custody and Visitation cases, the very best interest of the toddler is of paramount importance. This same principle can be used to determine whether the court would allow or disallow a kid from testifying on the preference in custody and visitation.

THE HOUSEHOLD Code provides a toddler 14 years or older that wishes to address the court regarding his/her preference about custody and visitation must be allowed to achieve this.

However, even if the kid is 14 years or older and wishes to handle the court, there's an exception that allows the court to preclude the child from testifying. If the court determines that being allowed to testify is not in the child's best interest, then the court will not permit the kid to testify. This finding that testifying is not in the child's best interest must be stated on the record.


Think about children below age 14? The court may hear from the child who is under 14 years if it determines it is in the child's best interest. Basically, generally, the court isn't obliged to allow a kid below 14 to testify concerning her or his preference for custody and visitation . However, the court, if it finds that doing this will be in the best interest of the child, has the option to permit the child to testify.

It's the duty of a minor counsel, evaluator, investigator, or child custody recommending counselor to point to the judge if she or he knows the child want to address the court.

In taking the testimony of the child, there are requirements that require to be followed and the examination of the toddler must be controlled by the court to be able to protect the child's best interest. Special care must be taken up to protect the witness beneath the age of 14 from repetitious questioning, undue harassment, and embarrassment. Custody evaluator should be stated in an age-appropriate form capable of being understood by way of a person of the witness's age.

Under California Rules, the participation of a toddler must be determined on a case-by-case basis. There will be no law, rule, or practice that would need a child to take part in court. Neither shall there be any law, rule, or practice that prohibits a toddler from doing so.

The following factors are considered in determining whether addressing the court is in the child's best interest:

The age and capacity of the toddler to create an intelligent preference;
This and capacity of a child to understand the nature of testimony;

The existence of information that indicates that the kid may be at an increased risk emotionally if he or she is permitted or denied the chance to handle the court or that the kid may reap the benefits of addressing the court;

The relevance of the subject areas which the kid is to testify concerning the court's decision-making process; and

5. The existence of other factors which could weigh in favor or against allowing the child to testify, taking into consideration the child's desire to address the court.
In case a kid is permitted to testify, the court must balance the need to do so in the courtroom with parents and attorneys present contrary to the need to create a host in which the child can be open and honest.

The following considerations must be considered:

Where the testimony will be taken;
Who ought to be present;
How the toddler will be questioned; and
Whether a court reporter is available.
It is therefore always important to possess a reliable toddler custody attorney present to help you determine the need or propriety of having your son or daughter testify in court.

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