Legal Question in Family Law in California

Re: can a 6 year old speak to the judge about thier parents?

Dear Inquirer:

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NOW, IN RESPONSE TO YOUR INQUIRY --

Rarely, if ever, will a judge talk to a child as young as your son. Occasionally a judge may talk to a teenager. The usual procedure if a judge wants the child's input is to either appoint minor's counsel (the child's own lawyer) or to order a family evaluation under Evidence Code �730 whereby a trained professional will talk to the child (as well as others) and provide a written report regarding the entire family situation. The former approach is usually followed if either or both of the parents' interests appear to be other than the best interest of the child; the later is often followed if the family appears to be dysfunctional on some level or in the case of contraditory "he said, she said" evidence.

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