Child custody: preferences of child.

Existing law requires the family court, if a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, to consider and give due weight to the wishes of the child in making an order granting or modifying custody. This bill would, on and after January 1, 2012, require the family court to consider and give due weight to the wishes of a child in making an order granting or modifying custody or visitation, if the child is of sufficient age and capacity to form an intelligent preference as to custody or visitation. The bill would require the court to permit a child who is 14 years of age or older to address the court regarding custody or visitation, unless the court determines that doing so is not in the child's best interests, and, in that case, the bill would require the court to state its reasons for that finding on the record. The bill would require the court to provide alternative means of obtaining input from the child and other information regarding the child's preferences if the court precludes the calling of any child as a witness. The bill would require the Judicial Council to, no later than January 1, 2012, promulgate a rule of court establishing procedures for the examination of a child witness, as specified.