Can a child testify in a child custody case?

In California, children are not allowed to testify in a child custody case, as the entire purpose of a child custody case is to determine what is in the best interests of the child. California law does, however, allow for the opinions of children to be taken into account when making a decision about custody. The court may consider any factors that are relevant, including what the child prefers, when making a decision. A California court also has the power to appoint a child’s attorney, or a child representative, to advocate for the child’s wishes. The child representative can provide a third-party witness to the court who is knowledgeable about the child’s wishes and can provide information that may help shape the court’s decision. The child representative can also present the court with a recommendation of what the child’s preference for custody should be. Ultimately, the court may decide to take the child’s opinion into account when making the decision about custody, but it is not required to do so and will instead consider the best interests of the child in making its decision. It is important to remember that the court will place the child’s interests first and will not allow the child to testify in a custody case.

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Can a child testify in a child custody case?

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