February 25, 2011 By Paul Wallin

The Courts will look at a child’s sufficient age and capacity to determine if they have the maturity in providing an opinion regarding custody. Once the court determines that the child is of sufficient age and capacity to provide a preference on custody, the court then must consider and give weight to the child’s wishes in determining a custody order.

Age alone is not determinative in the court’s deciding the wishes of the minor child, however, more increasingly, children from the ages of 11 and older have been interviewed by mediation services during a custody dispute. Other things such as the minor’s sincerity and maturity level are also considered. Courts are less willing to have minors testify in court choosing other alternative options such as appointing minor’s counsel or being interviewed by court mediation services or interviews conducted via a child custody evaluator.

It is important to contact an experienced San Bernardino Family Law attorney to represent your interests and your rights in a marital dissolution or issues involving children, especially when it comes to child custody and the input of children in a custody battle. At Wallin and Klarich, our San Bernardino Family Law attorneys have successfully represented many clients in this situation.  Our knowledgeable San Bernardino Family Law attorneys will work to ensure that your case is done properly and professionally and seek the best outcome on your behalf.  Contact us as soon as possible via phone at 1-888-280-6839.

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