QUESTION
Does a 16 year old have the right to be heard in court?
Asked on Nov 05th, 2012 on Child Custody - Colorado
9 ANSWERS
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
Update Your Profile
Yes make sure your lawyer calls him.
Answered on Nov 10th, 2012 at 4:38 AM
Dennis P. Mikko
The reasonable preference of the child is a factor to be considered under the Child Custody Act. At 16, your son is old enough to speak with the Judge and express a reasoned preference.
Answered on Nov 09th, 2012 at 5:53 AM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
He has a right to be heard. There are special rules to follow that differ with the county and each judge. Get a local attorney to help.
Answered on Nov 06th, 2012 at 11:36 PM
Family Law Attorney serving West Bloomfield, MI
at
Law Offices of Eugene Lumberg and Eric S. Lumberg
Update Your Profile
Many family court judges will consider a 16 year old opinion in making a parenting time order.
Answered on Nov 06th, 2012 at 11:26 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
We do not let minors testify in divorce cases. A guardian ad litem can be appointed to represent the best interests of the child and can investigate and make recommendations.
Answered on Nov 06th, 2012 at 10:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Generally, at that age, a 16 year old can express his opinion and preferences to the Court or investigator. That does not mean they will be determinative.
Answered on Nov 06th, 2012 at 5:20 PM
A child's wishes are one factor the court must take into consideration in making decisions about what is in the child's best interests, but the child would not be permitted to testify in court. Usually, the judge orders that the child be interviewed by a counselor appointed by the court, and then the counselor prepares a report of the interview to let the judge know what the child said.
Answered on Nov 06th, 2012 at 5:19 PM
Yes, a 16 year old now has the right to address the court regarding their preferences. Just understand that it does not mean that the court will do what the child wants. It must be in the best interests of the child.
Answered on Nov 06th, 2012 at 5:19 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
That is totally a matter for decision by the judge in the case that involves the child. Since you don't indicate either the state you live in or the circumstances about why there is any kind of court case, it is not possible to give a more complete answer.
Answered on Nov 06th, 2012 at 5:18 PM