Child custody: preferences of the child.
The bill, if enacted, would significantly influence existing family law by ensuring that younger children can also have a say in custody matters, which could alter the dynamics of how courts approach these cases. The expectation is that children, even as young as 10, can have valid preferences regarding which parent they wish to live with or how they wish to spend time with each parent. This could lead to more tailored custody arrangements that consider children's needs and are responsive to their voices, thus promoting their emotional well-being and agency.
Senate Bill No. 170, introduced by Senator Leyva, aims to amend Section 3042 of the Family Code concerning child custody matters. The primary focus of the bill is to lower the age at which a child can express their preferences regarding custody or visitation arrangements in court from 14 years to 10 years of age. This amendment reflects a growing recognition of children's rights in custody proceedings and emphasizes the importance of their voices in such critical decisions. Under the proposed law, courts must permit children who are 10 years or older to address the court about their wishes unless deemed not to be in their best interest.
Despite the potential benefits of SB 170, there are points of contention among legislators and family law advocates. Critics argue that introducing younger children into the custody decision-making process could place undue pressure on them or expose them to potentially distressing situations. They express concerns about the ability of children to articulately express their feelings in a courtroom setting and fear that it may complicate custody proceedings further. Proponents defend the bill, emphasizing that recognizing children's preferences respects their agency and could help develop solutions that better serve their needs.