Helping Good People At Their Worst Times

My daughter who is 13 wants to tell the Judge that she prefers to live with me. Can she do that?

| Apr 15, 2014 | Family Law

The Judges dislike allowing a child to testify but if the child is of the sufficient age and intelligence, the Court can allow the child to testify. There is no bright line age. I’ve had children at age 9 testify. It all depends on their maturity. A child’s preference is a factor listed as one that the Court should consider in determining an appropriate parenting plan. In several cases, the Court will reserve jurisdiction to determine whether the Court needs the child’s input. The court can wait until all the other evidence has been heard to determine if the child’s testimony is necessary.