In California, how old does a child have to be to testify in a custody case?

Answer 1

The age of the child would determine this. Social workers will talk the the child anyways and report to the lawyers and judge on what the child wants even if child is not called into testify.

That is if the child is old enough to express him or herself

Answer 2

A child can testify in a custody case as young as 3-4 when they are able to speak..

However having a child younger than 10 testify in a custody case is akin to using them as a pawn in said case. Unless they have testimony that is critical as to abuse or such that can not come from someone else, leave them out of the battle... It will just make them feel like they are being pulled apart..

Answer 3

All of you are somewhat right and somewhat wrong in California Family Code Section 3042 dictates how the wishes of the child are to be handled there is in that statute a specific age of 14 when a child may voice his desires to the court but it also goes on to say nothing precludes a younger child from also speaking if the court determines it is in the best interest ...the court also can dictate how that evidence is received either directly in open court,or in chambers in the judges presence only,or to a third party such as a therapist,family court services counselor etc.Read that section and be enlightened

Answer 4

I always thought it was 12. I grew up in CA but my parents went through thier last custody battle when I was about 4 or 5 My grandmother told me the judge asked me who I would rather live with and I said my mom. I dont remember this and it is my dads mom who told me this so who really knows what happend. this was about 20 years ago, But I heard that when a child is 12 and older they can be asked to testify, I would imagine that a mediator or psychologist could speak with a younger child and give thier recommendations.

Answer 5

Going through this now I have a 13 year old that we have waited until he was 13 so he could testify and make decisions for his self that he wanted to stay with me and now he is trying to get his parental rights of his father taken away due to abandonment. So in Arkansas and Hawaii I believe at the age of 13 they can testify in court but would check with an Attorney to make sure in your area.Good Luck I know how hard these things are! My Prayers are with you and your family!!!

Answer 6

I think even little kids can be interviewed by the judge with just attorneys present and a court reporter. I live in CA and a friend of mine was recently talking about this. I would contact the legal aide in the family law dept at your local court. Good luck!

Answer 7

He desires to get himself a community criminal expert. i'm somewhat specific that if there have been no papers drawn up and mom has been raising the toddler, then she has custody. He might desire to touch social centers and get their take on the area, yet i might think of doing so anonymously could be ultimate, just to ward off the toddler being quickly placed in foster care. Like I reported, tell him to touch a criminal expert and get the ball rolling. he will might desire to bypass to court docket and this technique can take a mutually as. actual, that's some thing he might desire to have began it slow back in basic terms so he did no longer finally end up in this occasion.

Answer 8

IT DEPENDS ON THE CASE & THE JUDGE. THE CHILD HAS TO KNOW THE DIFFRENCE BETWEEN RIGHT & WRONG. ASK AN ATTORNEY

Answer 9

Depends on judge, it is his court room.

Answer 10

unknown---i do not reside in CA