Can Your Child Testify During Your Divorce Trial?

If you are going through a divorce and have children, you know that things can feel complicated. You want to spend more time with your children, and you want to know that your child is in safe hands.

In fact, you might wonder if your child can be called as a witness in your divorce. These are some things your divorce lawyer wants you to consider before you decide to go this route.

Lies Can Hurt You

A lie can hurt you in many ways, leading you to lose custody of your children. You could be in a position where somebody is lying about you to get custody of your children, and you know that there are few people who will correct the matter.

In this case, you might ask if your child can give testimony. You know that your child will tell the truth, and you think this could benefit your case.

Judges Often Don't Like Child Testimony

Many judges do not like to hear testimony from children in divorce cases. This is typically because they do not like to ask a child to speak poorly about one of their parents. They do their best to avoid putting children in the middle.

It is for this reason that many judges simply do not like to have a child on the stand in a divorce case. They want the child to be completely neutral in the matter.

Testimony Is Technically Admissible

Each state is different, but you may find that testimony is technically admissible in court, but it does not mean your divorce lawyer will recommend it. They may advise that it could make you look bad in divorce court.

Your Child's Best Interest Is Most Important

Ultimately, it may not be a great idea for your child to provide testimony, as helpful as you think it might be for your case. Your lawyer will assess the situation and help you determine what is best for your child and your case. In fact, they might be able to find another way to achieve the same goal.

A Divorce Lawyer Can Help You

A divorce lawyer can provide you with more insight into your child's position in the divorce. In fact, you should rely on your divorce lawyer to advise you as you move forward. Divorce can be messy, and you may have no idea how to move forward with testimony in your case without legal assistance.

To learn more, speak to a divorce lawyer.