Can Kids Testify In Court?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Often in divorce cases, the parents fight is over who is going to have the children.  This is because wherever the children go, the child support check follows.  Also, it could be the ego of being the better parent. 

Whatever the reason for the custody battle,  sometimes parents think children should be able to testify in court to state their opionions, feelings and preferences.  In Palm Beach County, the judges do not want to subject the children to such a process unless warranted and at their discretion. 

Child psychologists, medical doctors, school teachers, guidance counselors all can come in to court to testify on behalf of a minor child.  Also, there are “good mommy” and “good daddy” witnesses who can testify., along with guardian ad litem and children’s lawyers.   So unless a child is almost an adult, ages 16-18)  or unless there is a good reason warranting it, children are hardly ever seen talking to a judge in divorce court or in judge’s chambers.  Judges do not want a child to be put in a position of choosing between two parents.  That is their job to determine the best interests of the child.  For more information about this or other divorce topics, call one of the divorce lawyers at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at http://www.familylawwpb.com .

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  1. Reblogged this on Hot Topics in Divorce Blog.


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