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California Family Code Section 3042

Legal Research Home > California Lawyer > Family Code > California Family Code Section 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.

Last modified: January 12, 2009