When your family is going through a change, whether you and your partner are separating or you’re pursuing a divorce from your spouse, this can have significant impacts on all involved. As such, you may worry about how these changes will affect your child. In particular, you may wonder whether or not your child will be required to testify at the custody hearing. To learn more about this matter, you’ll want to continue reading. In addition, you’ll want to connect with Morris County child custody lawyers to discuss your legal options and fight for your child’s best interests.
Are Children Able to Testify at a Family Court Hearing?
Generally, children are able to testify in a custody matter. However, it is important to understand that New Jersey courts will often exhaust all other options before allowing a child to testify regarding a custody decision. In some circumstances, they may decide that a child should not testify at all.
While a child can provide important insight into the family dynamic, which can, in turn, provide important information when determining a custody arrangement, many courts do not like to put children at the center of these matters. Typically, courts have concerns regarding the mental and emotional impact that testifying in their own custody case can have on a child.
If a court does require the testimony of a child, it must first determine if the child is mature enough to handle such a task. Typically, this requires the child to show a comprehensive understanding of the difference between a truth and a lie, and how important the truth is in court-related matters. There is generally no specific age at which a child is deemed mature enough to testify, though many assume that children are capable of this at age 14. However, this is not a set rule, as courts have found 11-year-olds to be more mature than 15-year-olds.
What Happens if a Child Does Testify?
If your child is required to testify in a family matter, the court can conduct a camera interview. This allows the child to avoid the stress of appearing in court on the stand, which can help them feel more comfortable. As such, this will be a recorded interview in a private conference with the judge assigned to the case and a stenographer. Prior to this interview, each side can provide a list of questions that they would like the child to answer. Once the interview is over, each party will receive a transcript.
As you can see, there are a considerable number of factors that can influence whether or not your child testifies in court during a family law hearing. If you are going through a divorce and need assistance with these circumstances, the team at Leslie Law Firm, LLC is here to help. Our firm understands how overwhelming a divorce can be for you and your child, which is why we will do everything in our power to assist you through these difficult times. Connect with us today to learn more.
