Steven M. Bishop Child Custody Law Blog on Lawyers.com

Custody of Minor Children in California

Thursday, March 31, 2011 by Steven M. Bishop

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Perhaps the most contentious (and costly) issue individuals confront in Family Court concerns custody of minor children.  Historically, the wishes or preferences of a child were relevant only in very limited circumstances, where the child was at least 13 years old and deemed "mature" enough to form an independent opinion, ostensibly free of parental influence. 

Children were NEVER allowed to testify in Family Court and judges frowned on the parent or attorney who submitted a written statement from a child expressing their opinion or thoughts.

Effective January 1, 2011, California Family Law judges operate under an entirely new set of rules, rules which require the Court to consider the preferences of EVERY child old enough to form an opinion, and to allow children to testify in Court, either personally or in writing.

While many Certified Family Law Specialists like San Diego divorce lawyer, Steven M. Bishop believe these changes to be long overdue, as an advocate for the pursuit of settlement over the option of litigation, Steven M. Bishop also recognizes the risks to the inappropriate involvement of children in the custody battle, potentially prolonging cases and creating even more contentious disputes.  

 
Posted at 12:36 PM
Topic: Child Custody
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