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HomeFamily CodeDiv. 12Pt. 4Ch. 3Art. 7§ 7891 Child Custody Court Input

§ 7891 Child Custody Court Input

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 7891 Child Custody Court Input

Key Takeaways

  • •If a kid is 10 or older, the judge must listen to what they think and feel about who they want to live with.
  • •The kid can tell the judge their opinion about their parents and where they want to live.
  • •The kid has the right to go to the court hearing, but their lawyer can say they don’t have to.
  • •If the kid is too sick or can’t go to court, this rule doesn’t apply.

Example

A 12-year-old kid’s parents are getting divorced, and the court has to decide who the kid will live with.

The judge must talk to the kid alone in their office to hear who the kid wants to live with and why. The kid can say if they prefer living with mom or dad, and the judge will listen before making a decision.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 7891 Child Custody Court Input

(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.)

Last verified: January 21, 2026

Key Terms

custody proceedingchild’s preference as to custodyhearing in chambersSection 3042

Related Statutes

  • § 7890 Child’S Wishes In Proceedings
  • § 7892 Child Testimony In Chambers
  • § 7892.5 Indian Child Custody Standards
  • § 7893 Child Custody Termination Actions
  • § 7894 Termination Of Parental Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 7891.
View Official Source