In my divorce and child custody case, my wife wants to have our children testify in court.
I don’t want to put them in the middle of a child custody battle where they feel like they will be betraying one parent. They’re just kids and don’t need that type of emotional pressure.
Can I object to my minor children being forced to testify in a child custody case?
While I am not licensed to practice in your jurisdiction, I can provide you with some general divorce help for men regarding the child custody laws you present in your question.
Yes, you have a right to object to your minor children being asked to testify in the proceeding.
Each judge tends to handle the testimony of minor children differently. For example, the judge may feel it is necessary to hear the children’s testimony. However, the judge may prefer to have the children speak to him or her in chambers, with only the attorneys present, or possibly without any other parties present.
The first thing you should do is contact the judge’s chambers and ask how your judge handles children testifying in court. Find out what he or she prefers and work from there.
If you would like to object to your children testifying or speaking directly to the judge, then you would need to make a formal objection.
You would likely need to argue that the emotional harm that the children would suffer if forced to testify substantially outweighs the probative value of any testimony that the children could provide to the court.
Again, I am unable to provide you with legal advice on divorce and this should not be construed as an attorney-client relationship. Consult with a divorce attorney for men.
To schedule an appointment with a Cordell & Cordell mens divorce lawyer, including Kevin Mammola, an attorney in the Atlanta, Georgia office of Cordell & Cordell, please contact Cordell & Cordell.