During a divorce proceeding, there may be testimonies necessary. An issue you might encounter is whether or not you wish to have your children involved in the testimony process. The following are some things you need to know about having your children testify during your divorce:
Does the Court Allow Child Testimony During Divorce?
In many cases, children are allowed to testify during a divorce. Age is an important consideration when deciding if a child should testify. Children are not asked about their parent's relationship or are put into a position where they have to pit one parent against the other. In general, child testimonies are used to allow children to express their preferences when it comes to where they wish to live after the parents' divorce. This process can be scary for children, especially after the trauma of enduring their parents' separation.
Do Children Have to Testify?
If your child wants to convey their feelings about custody-related issues but you do not want them to go through testifying in court, there are some different options you can choose. First of all, you might want to consider getting an attorney for your child, so they are properly and fairly represented. Your child can discuss their preferences with their own attorney about how they feel. The attorney can then speak on behalf of the child to the judge. You can also have your child speak to a custody evaluator. This person will talk to your child and possibly observe your and your former spouse's interaction with the child. The evaluator can then make recommendations to the judge. This will completely negate the need for your child to testify.
You can also go through custody mediation. Your child's attorney will participate on behalf of your child. During mediation, you and your former spouse will discuss the custody arrangements with input from your child's attorney.
What Happens if Your Child Does Not Have an Opinion?
If your child does not want to voice an opinion on their custody preferences, try not to encourage them to do so. Going through this process can be upsetting for a child because it makes them feel like they have to take a side. If your child wants to, they can speak to the judge. The judge may ask some questions or have a gentle conversation with your child. From that point, the judge can make a decision according to what your child spoke about during their conversation.
Speak to a family attorney to get more advice.
Share