CALIFORNIA CODES

CALIFORNIA FAMILY CODE

Division 8. CUSTODY OF CHILDREN

Part 2. RIGHT TO CUSTODY OF MINOR CHILD

Chapter 2. MATTERS TO BE CONSIDERED IN GRANTING CUSTODY

Current through 2010

§ 3042.

(a) If a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an order granting or modifying custody.

(b) In addition to the requirements of subdivision (b) of Section 765 of the Evidence Code, the court shall control the examination of the child witness so as to protect the best interests of the child.

The court may preclude the calling of the child as a witness where the best interests of the child so dictate and may provide alternative means of obtaining information regarding the child's preferences.