Can My Child Testify In My Divorce? – The McKinney Law Group

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00:00:04 I get this question a lot and usually the answer is going to be no right somehow people think that there is a magical age that children will reach and they can just testify in your case and that’s not the case usually it’s going to require that you file a motion with the court and you have to ask the judge permission for the the child to testify I think at the end of the day you really need to look back and ask yourself like why do I want my kid to testify against the other parent like that could be a

00:00:34 very traumatic experience for your children and usually judges do not like to do it now there are other avenues that you can take one you could hire a guardian at lium and that’s a courta appointed individual that will talk to the children and they will actually testify on the children’s behalf so that the children do not have to go in court sit on the stand and testify against the other parent some judges if they do want to talk to children they will have them come into their Chambers and talk to them with no

00:01:04 one around so that you’re not the children are not cross-examined Etc by the other parents lawyer but in general I’ve only seen it where children are a lot older 16 or 17 they testify and it’s very very very rare you have to have a very good reason for it to put your child through that