I know that courts are reluctant to allow minors to testify in family court, but it is crucial. She is asking to live with me and her mom is using her and telling her to lie to me and her school.
In CA, Family Code section 3042 governs this question. In essence, it states that if a child over the age of 14 wishes to express their preference regarding custody, the court must hear that preference; if a child under the age of 14 wishes to express their preference regarding custody, the court MAY hear it. However, how that preference gets before the court (whether by appointment of Minor's Counsel - that is, an attorney to represent the child, a custodial evaluation, a child interview, or calling the child to the stand to testify) varies county by county and judge by judge. There is no specific law or procedure for how a child's testimony regarding their custodial preferences gets before the court. You should consult with an attorney in your county who is familiar with your judge. Good luck.
I have changed the practice area to child custody. Your question sounds as if it pertains to a custody hearing.
Wishing you the best.
This answer is for general information purposes only. This answer does not create an attorney-client relationship. Since this is a public forum, the information provided is not protected by the attorney-client privilege.
Courts are reluctant to place the child in a position to chose one parent over the other is an open forum; a better approach is a court investigator (if available) or appointment of minor's counsel (which requires payment to MC).
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