QUESTION
How old does a child have to be to be heard in family court?
Asked on Mar 30th, 2014 on Child Custody - Connecticut
More details to this question:
I would like to know how old my kids have to be to be heard in family court in Litchfield county Connecticut. The Department of Children and Families is involved with my ex and the kids as we speak for my ex mentally, verbally, and physically abusing my children. And my ex seems to have everyone wrapped around his finger up until now that my daughter is speaking out. The Department of Children and Families hasn't spoken to my kids yet but my daughter wants herself and her brother to move to New York and live with me and my fiance. Because they know there will be less stress on their lives and no threats.
1 ANSWER
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There is no set age for a child to be heard and considered in court. The court will take into account the age and relative maturity of the child. More importantly, there should be a guardian ad litem (GAL) appointed in this case. The guardian ad litem will speak to the court regarding the children's best interests. The GAL will be able to meet with the DCF worker, the children's teachers, medical providers, you and your ex. From these conversations, the GAL will advise the court what will be in the children's best interests. A GAL, given the ability to interview the above people, is in the best position to make recommendations to the court. While a court may listen to the children, the effect is that the court may not fully take the children's wishes into account. The judge will listen to a GAL.
Answered on Apr 02nd, 2014 at 3:47 PM