QUESTION
Can my son corroborate my testimony for my divorce?
Asked on Dec 05th, 2012 on Divorce - California
More details to this question:
He is 9-years-old, but he is the only witness to the emotional abuse and physical abuse, which happened on one occasion. I'm not sure if the court would allow it.
14 ANSWERS
William C. Gosnell
No.
Answered on Apr 11th, 2013 at 11:53 AM
Steven D. Dunnings
Why do you want him to get involved? Most Judges would not look favorably on you to use your child this way.
Answered on Dec 06th, 2012 at 9:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Probably not directly, but the facts could come out as part of the child's FOC or court interview for custody issues. Get an attorney, this is about you and your child's future.
Answered on Dec 06th, 2012 at 2:52 AM
Generally, the court frowns upon children being called as witnesses unless it is absolutely necessary.
Answered on Dec 06th, 2012 at 2:49 AM
Suzanne H. Lombardi
In Alaska most judges do not want to put children in the middle. The option usually utilized is to have a court custody investigator appointed so that they can talk to the children.
Answered on Dec 06th, 2012 at 2:25 AM
Trust me. You would make a judge very angry if you were to have your child (9 years old) come to court to testify against his own father. The court can consider it but would probably have very negative thoughts about the person who is putting a child of that age on the witness stand.
Answered on Dec 06th, 2012 at 2:25 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Virtually no judge anywhere in the US will permit a minor child to be a witness against a parent in a divorce case.
Answered on Dec 06th, 2012 at 2:13 AM
It is unlikely the Court will allow it.
Answered on Dec 05th, 2012 at 3:36 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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If you believe he has witnessed domestic violence, my suggestion is that you have the court interview him. The way you do that is you file a motion to have the child interviewed. The judge will not do the actual interview himself, but will have someone from Conciliation Services do the interview.
Answered on Dec 05th, 2012 at 3:36 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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I do not advise involving your child in the dissolution process. Is your son in counseling? If not, get him in to see a therapist to help him through what he has witnessed. If you want someone to advocate for your child, who can speak with your child, consider minor's counsel.
Answered on Dec 05th, 2012 at 3:36 PM
You need to get minors counsel for him.
Answered on Dec 05th, 2012 at 3:34 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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Generally, the judges will not allow a parent to bring a child to court unless the judge approves doing so in advance.
Answered on Dec 05th, 2012 at 2:59 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Most courts would consider your involvment of your son to be emotionally abusive of your son.
Answered on Dec 05th, 2012 at 2:59 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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No the court would not. However, ask the mediator/FCS to interview the child.
Answered on Dec 05th, 2012 at 2:58 PM