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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> age of child testifying in court
Jan 22
2010

Swearing in Tommy: Should children testify? (Part 3)

Posted by Matt Allen in testimony , Jennifer Paine , Cordell Cordell, PC , Children , age of child testifying in court

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 3 of a three-part series on children testifying. Click here to read Part 1 and click here to read Part 2.

Have you ever struggled over whether your child can, or should, testify? And what happens to him if he does? Can you ever guarantee your child’s words to the judge are what they tell you at home? 

And what if your spouse planted thoughts? How can you protect your rights? Can you?

You are not alone. Here are some suggestions.

Jan 21
2010

Swearing in Tommy: Should children testify? (Part 2)

Posted by Matt Allen in testimony , Jennifer Paine , Cordell Cordell, PC , Children , age of child testifying in court

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is Part 2 of a three-part series on children testifying. Click here to read Part 1 and click here to read Part 3.

Have you ever struggled over whether your child can, or should, testify? And what happens to him if he does? Can you ever guarantee your child’s words to the judge are what they tell you at home? 

And what if your spouse planted thoughts? How can you protect your rights? Can you?

You are not alone. Here are some suggestions.

Jan 20
2010

Swearing in Tommy: Should children testify?

Posted by Matt Allen in testimony , Jennifer Paine , Cordell Cordell, PC , Children , age of child testifying in court

By Jennifer M. Paine

Attorney, Cordell & Cordell, P.C., Detroit office

Note: This is the first part of a three-part series. Click here to read Part 2 and click here to read Part 3.

The wood was smooth and cold against the back of his legs. Tommy sat slouched on the courtroom bench, his feet dangling above the marble floor, unable to reach even with his tiptoes. He grasped a red plastic truck between sweaty fingers and, his head hung low, shuffled his eyes back and forth, quickly so no one would see, between Mom and Dad. They stood on the other side of the knee-high gate with men in black suits and ties, arguing softly, but he could see the daggers they let out silently with their whispers. Mom pointed an angry finger at him. Then Dad did. A woman hurried through the courtroom, carrying an armful of files. One page slipped from the top, but she kept brushing by. Then the little wooden door in the corner swung open, and a giant man in black stepped out with a police officer. 

“Tommy, why don’t you come talk to me,” said the stranger, “and we’ll have a little chat.” The officer tugged him from his bench, fingers clutching into his shoulder, and dragged him to the stranger. “Go get him, son,” said Dad. “Love you,” said Mom. The stranger squinted his eyes, scrutinizing the boy.

Have you ever struggled over whether your child can, or should, testify? And what happens to him if he does? Can you ever guarantee your child’s words to the judge are what they tell you at home? And what if your spouse planted thoughts? How can you protect your rights? Can you?

You are not alone. Here are some suggestions.

Dec 07
2009

Ask a Divorce Lawyer: How old does a child have to be to decide where they want to live?

Posted by Matt Allen in home , Erica Christian , Cordell Cordell, PC , Ask A Lawyer , age of child testifying in court

Question: How old does a child have to be to decide where and with which parent they want to live?

 

Nov 29
1999

Ask a Lawyer: More time with Dad!

Posted by Dads Divorce in Visitation , Visitation , Parenting , Modification , custody , custody , CA , Ask A Lawyer , age of child testifying in court

Question:

My step children are now 16 and 14 and have been asking their Mom for years if they can see Dad more. Their mom lives 2.5 miles from us. She says no and will not offer any explanation. What age to the courts consider their wishes and how do we request more time. Mom works 2 jobs and is also gone 3-4 nights a week now. Any suggestions?

Answer:

I cannot provide you with an answer specific to the laws of CA as I am not licensed in that State. There is not a definitive age in most jurisdictions when the child can testify concerning their wishes with regard to custody. At a minimum they would need to be able to understand and follow the oath given to testify truthfully. Generally around 12 years old a child can testify in court in custody matters. However, a mature 10 year old may testify, but an immature 13 year old may not be allowed to testify. At 14 and 16 years old, they can testify in most jurisdictions. The fact that she is not available and the children of this age want to spend more time with their father would provide a good basis to modify the current custody and visitation order. The reason for the additional time with dad will be questioned in court. If the children indicate that dad lets them stay up late and play video games, that would not be a valid justification for the children to be at dad's home more.