Divorce and Testify of Your Children
Children can testify even in divorce proceedings. However, you can prevent this and contact a divorce attorney in OKC. The best way to prevent getting your kid into a conflict between you and your spouse is always reasonable. There are ways to allow your child to have a say in custody or visitation, without putting the child on the witness stand, if this cannot be prevented.
Options to Relieve a Child from Testify
A judge may appoint a lawyer instead of having a kid testify. This lawyer then transmits the views and preferences of the child to the judge. This happens when a kid is too young or when a judge determines that it is not in the best interests of the kid to give evidence in court.
A view of the kid can also be acquired if the kid speaks to the assessor, the investigator, or the mediator assigned to the custody. A report containing the concerns and preferences of the child will be generated when one of the above methods is used. This report shall be forwarded to the tribunal and accessible to parents and the prosecutor. It will, however, be marked as confidential, which means that the report is sealed on the court file and cannot be retained by any of the parties.
Is a Child Competent to Testify?
In brief, any individual who can interact obviously, comprehend the distinction between truth and lie and comprehend it, can generally be called testification. However, when very young kids are summoned to bear witness to problems. The questioning shall be treated rather thoroughly before a kid turns 12 or thereafter to prevent influencing the witness and causing a mistrial or other mistakes in the courtroom.
Because most states are "no-fault" divorce states, no proof or testimony on the breakup of the partnership is required. In most cases, this implies that young kids are not required in divorce to testify. Your kid can provide useful factual proof if there are harassment issues, custody of children, child support or alimony issues at court. In countries where fault-based divorces are permitted, child testimony might be useful, but it should be closely weighed to ask your kid to testify in these matters.
Expectation Could Be – Child Going for Testify
If a judge determines that a kid is old enough to bear witness, the child can be heard in distinct respects. A judge is able to talk immediately or privately in chambers to a kid in an open court.
Both lawyers of a divorce attorney in OKC will be able to ask questions when your kid takes a stand. Usually, if a typical witness is asked, the judge will ask lawyers to use more retention than they would. The lawyers can give the judge questions that the judge wishes to ask when the judge wishes to interview your kid in the rooms.
Parents may not be present. Sometimes it's attorneys only. The tribunal tries in this challenging scenario to create the kids as comfortable as possible, to talk frankly about their parents without fear of reprisals.
A kid may say they want to live over another with one parent. Although a kid does not offer a direct preference, the court can tell the parent more about his / her parenting tasks. A kid can tell whether a parent has an issue with substance abuse or another form of parenting issue.
Even if your child's participation in your divorce is absolutely essential, it should be dealt with carefully. Do not hesitate, for assistance in these difficult issues, to contact a qualified divorce attorney in OKC at Mazaheri Law Firm.
**Disclaimer: The information on this page is not intended to be a doctor's advice, nor does it create any form of patient-doctor relationship.