Will the judge listen to my 13 year old daughter?

Question: I have filed a pro se motion in the state of NJ to obtain custody of my daughters. I currently live in GA. I know this is an uphill battle, but I can not afford to hire a lawyer. I feel that it is in the interest of my children to try. My question is this, my ex has refused to allow my children any contact with me since I filed. My oldest daughter (13) wants to move to GA with me and we both have tried to sit down with her mother to talk about this. Can my daughter talk to the judge, or can her mother prevent this?

Answer: In general, a 13 year old is old enough to testify in court as to her preferences. Further, a 13 year old is considered mature enough that usually her wishes are entitled to fairly substantial weight. So in the final custody hearing, it is likely that her wishes will influence the judge (although they are not dispositive.) As far as the current situation, it may be possible for you to file a motion with the court asking that the court order your wife to allow the children to contact you while this custody issue is pending. It may even be possible for you to ask for a temporary custody order while the matter is pending, but you would need to check with a NJ lawyer for the specifics of NJ law.

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