Child Primary Residence Change

Please note that for a child to speak with the Judge about his preference, the Judge must first authorize such “in camera” testimony. When a parent wants a child to testify or speak with the Judge, a motion must first be filed alleging that it would be in the child’s best interests to express to the Judge his preference. It is only if the Court grants the motion and allows the child to testify “in camera” may a child be brought to the Courthouse to speak with the Judge. Also, when ruling on such a motion, the Court considers the age of the child, whether the child is intellectually and emotionally mature to have a valid opinion on the issues of parenting plan/time sharing, the degree of emotional trauma that will result to the child as a consequence of the child being brought to Court to talk about his parents, and any other fact that the Court deems relevant. It is also important to keep in mind that if the motion is granted, the child’s “in camera” testimony would usually occur outside the presence of the parents and their attorneys. Good luck.