Children can testify at trials. But, you may want to avoid this step totally. It is always the best practice to keep your child away from the dispute happening between you and your spouse. You may not be able to avoid this, but there are many ways where you can have your child have a say in the trial without putting them on the witness stand. Have a look at Andrew Heft lawyer reviews if you are wanting to hire a lawyer.
Other options to consider
Rather than making the child give testimony, a judge can appoint a lawyer for the same. Then this lawyer will relay the opinions and preferences of the child to the judge. This is implemented when a child is too young or if a judge ascertains that involving a child in this matter is not a good idea for testifying in court. The opinion of a child can also be obtained by letting the child speak to an appointed child custody evaluator, appointed mediator, or an investigator. When one of the methods are put in use, the report consisting the child’s concerns and preferences are obtained. This report is then submitted to the court and then forwarded to the parents and attorney. But, it will be marked confidential. In other words, the report will be sealed in the court file and cannot be kept preserved by any of the parties.
What to expect when your child testifies?
Sometimes it is necessary to have the testimony of a child. The law states that a child at the age of 14 or older can testify their opinions in court or a visitation matter unless the court determines if it is necessary for the case of the best interest of the child. When the judge claims that the child is old enough to testify, there can be a number of ways to do that. A judge may interact directly with the child in the court openly or privately in chambers. If the child takes the stand, both attorneys may have to question the child. If happening in chambers then the attorneys can give a list of questions to the judge. The child may also state that they can live with one parent over another. If they are not given a direct option, then the court decides which parent can perform the duties better. A child may also state which one of the parent has substance abuse issues or any other kind of parenting concern. No matter how important the child’s input be, this matter should be handled with care. Feel free to contact an experienced attorney if you need any help.