2011 California Code
Family Code
ARTICLE 7. Hearing and Subsequent Proceedings
Section 7891

CA Fam Code § 7891 (through 2012 Leg Sess) What's This?

(a) Except as otherwise provided in this section, if the child who is the subject of the petition is 10 years of age or older, the child shall be heard by the court in chambers on at least the following matters:

(1) The feelings and thoughts of the child concerning the custody proceeding about to take place.

(2) The feelings and thoughts of the child about the child s parent or parents.

(3) The child s preference as to custody, according to Section 3042.

(b) The court shall inform the child of the child s right to attend the hearing. However, counsel for the child may waive the hearing in chambers by the court.

(c) This section does not apply if the child is confined because of illness or other incapacity to an institution or residence and is therefore unable to attend.

(Amended by Stats. 1993, Ch. 219, Sec. 182.5. Effective January 1, 1994.)

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