Three Bethel siblings are petitioning state legislators in support of granting children over the age of 12 the right to meet with judges to discuss their wishes in a contested custody case.

In Connecticut, the “informed” preferences of a child are already among the factors set forth CGS 46b-56(c) for judges to consider in making decisions as to the custody and care of minor children. The “informed” preference of a child is not necessarily determined by age alone but by the maturity of a particular child on a case by case basis. The child’s position as to custody, visitation and the overall Parenting Plan is typically made known to the judge by professionals involved with the family such as therapists, teachers or Family Relations Counselors. Therefore, allowing the child to simply make a statement would, in most cases, be cumulative.

It is also unclear whether the proposed legislation would permit a child to simply offer a statement regarding their wishes or whether the child would testify and therefore be subject to cross-examination. If the latter is the case, the procedural safeguards set forth in Practice Book § 32a-4 pertaining the child witnesses in juvenile cases should be considered. It seems contrary to the child’s best interest for courts to accept a practice of embroiling children in such a high conflict process. This is view is consistently shared by most mental health professionals. I understand the purpose of the proposed legislation is to “empower” children but at what cost?

Read the article from the Connecticut Post here:

Siblings aim to change child custody law

 

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