Family Law Blog

Can a Child's Testimony Make a Difference in Child Custody?

Friday, October 11, 2019

If it were up to both parents, their child would never enter the courtroom in their life, especially not during the messy divorce proceedings of their parents. However, when it comes to deciding custody, your child's presence may be necessary, especially if they are old enough to make their own opinion to be heard on the matter of their custody.

Requirements to Give Testimony 

In the case of very young children, the judge and the parents will work to decide custody alone. However, in California, if your child is above the age of 14, they can take the stand and let the judge know where they would like to go. Your child will give testimony to the judge on which parent they would like to live with. However, the final decision is still in the hands of the judge. If they believe that another placement would be in the best interests of the child, even if it goes against their choice, they will make it.

Judges Decide

It is important that your child knows that the judge will take their best interests in mind. If your child tries to convince a judge they want to live with one parent because they never punish them and let them eat ice cream for dinner, it is not likely to positively sway a judge's opinion. In fact, it may work against them. However, if they say they want to live with a parent because they feel that they have more time to spend with them, then this is likely to make an impact.

Learn More About a Child's Testimony in a Custody Case

If you are going through a messy child custody case and need a great lawyer to help you, contact us today. Jamra & Jamra can help you navigate this difficult process so you can get the best possible results, not only for you but for your children as well.