Can Children Testify In Florida Divorce Cases?

Can Children Testify In Florida Divorce Cases?.

Can Children Testify In Florida Divorce Cases?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The answer to that question is, it depends.  It depends upon the age of the children;  it depends upon the nature of the judge;  it depends upon what is at issue in the case. 

Normally, judges do not like to put minors in the position of favoring one parent over another, or choosing which parent they want to live with most of the time.  Public policy and Florida Family Laws dictate that children have a strong bond with both parents.   However, in cases where there are older children, say 16 years or older, or where there are allegations of an unfit parent, or child abuse, the divorce court judge may want to dig a little deeper by speaking directly to the minors in chambers.   

Getting a minor child to present to a judge is done upon motion by one of the parents through his/her attorney.  Most often it will be contested by the other party.  The judge will evaluate the reasons for the child to appear and then make a ruling as to whether or not it would be helpful to the court to speak directly to the minor.   If a child is simply too young, the court can appoint a guardian ad litem or a “friend of the child” like a therapist to come into court to testify on behalf of the child and what would be in the child’s best interests.

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 for more information.

 

What Is A Guardian Ad Litem?

By Robin Roshkind, Esquire, West Palm Beach, Florida

Where there are children in a divorce situation, often times the court will appoint, upon motion of either parent , a guardian ad litem to advise the court as to what is in the best interests of the child/ren.  In order for the judge to appoint a guardian ad litem, there has to be some detriment to the child under the present circumstances; either abuse, abandonment or neglect.  If the child is harmed by physical violence, exposed to drugs or sex, has bruises, goes to school dirty or shows signs of disease, these are the types of cases where a guardian ad litem may be asked to do an investigation and write a report of recommendations to the judge.

Guardians are used in custody situations.  They have to be qualified in some manner to serve.  Sometimes they are even attorneys, but do not act as advocates, but rather as advisors to the court.  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 www.familylawwpb.com for more information.

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 .

The Legal Technicalities of Fighting for Custody.

By Robin Roshkind, Esquire, West Palm Beach, Florida

The law on children and custody battles in the State of Florida is the best interests of the child.  What exactly does that mean when you have to present your case to the judge?

It might mean getting your child a lawyer of his/her own.  Or a guardian ad litem, a friend of the child, to testify in the courtroom for the child.  Or having a psychologist testify as an expert witness as to what is in the best interest of the child of this marriage.  Or bringing in the teachers, coaches, or school principal into court as witnesses.

Depositions and transcripts of “good mommy” or “good daddy” witnesses may be taken.  Is there always food in the house?  Do  you let your children play with these children?  Are there sleep overs and trips to the zoo?  Do these children exhibit unacceptable behavior?  There are a million questions and answers to determine which parent is the “better” parent.

To alleviate some of the litigation, the courts have taken on “time sharing” to replace “custody”.  But some parents are just unfit.  Abandonment, neglect, abuse, criminal behavior, drug use, partying til all hours, drunk driving, are just some of the issues that testimony and evidence cover in determining the best interests of the child in court.

For more information about this or other divorce topics, call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091 or click on the Firm’s web site at www.familylawwpb.com.