Child's wishes as to custodian, how determined
A judge can meet privately with a child in their office to find out who the child wants to live with and what the child knows about the situation. The child's lawyer is allowed to be in the room and take part. Everything said during that meeting gets written down and saved as part of the court case.
452.385. Child's wishes as to , how determined. — The court may interview the child in to the child's wishes as to his custodian and relevant matters within his knowledge. The court shall to be present at the interview and to participate therein. The court shall cause a of the interview to be made and to be made part of the record in the case.
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Source & history notes
(L. 1973 H.B. 315 § 18) Effective 1-01-74 (1975) Held failure to allow counsel to be present and failure to make a record of judge's interview with children was reversible error. Duncan v. Duncan (A.), 528 S.W.2d 806. (1976) Held that court order which directed in chambers interview record sealed and did not make it part of record on appeal was not arbitrary and appellant's failure to take steps to make record available bars his claim for relief. A.M.S. v. J.L.S. (A.), 544 S.W.2d 885.
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