You may already feel guilty that your divorce from your child’s other parent is causing them undue stress. As their forever protector, you may want to shield them from the emotional rollercoaster that is your litigated divorce case proceedings as much as possible. This is why you may not be exactly thrilled if the family judge handling your case asks for your child to step forward and offer testimony. Well, continue reading to learn whether your child is expected to testify in your divorce case and how an experienced Morristown child custody lawyer at Graves Andrews, LLC, can work to ensure the court operates in their best interest.
Will my child be expected to testify in my divorce case?
A New Jersey family law judge may generally be intrigued to hear your child’s testimony before ruling on your final custody arrangement. But this may be only if they deem your child mature enough in age to vouch for themselves independently and provide an educated explanation for their expressed preferences. Also, this may be only if the judge seeks information to clarify that their decision will work in your child’s best interest. That is, the physical and legal custody arrangement will promote their physical, mental, and emotional well-being, along with being positive for their overall upbringing and development.
Specifically, though, the judge may find it necessary for your child to speak up for themself if you or your soon-to-be former spouse are making serious accusations against one another in your litigated divorce proceedings. For example, if you claim that your spouse has a history of physical, mental, or emotional abuse against you and your child, a history of neglecting, abandoning, or kidnapping your child, or overall a likelihood of being an unfit parent.
How will the family judge handle my child’s testimony?
Obviously, a New Jersey family law judge understands that it is a lot of pressure to put your child “in the middle” of your litigated divorce proceedings. So, if they find it absolutely necessary to speak with them, they may hold this discussion privately in their chambers rather than in an open court. However, it may still be required to have this conversation recorded via video or a court reporter for the court’s later use. With that, you and your soon-to-be former spouse cannot be present during this interview process, as you may inadvertently influence their responses.
It is important that, beforehand, you offer them emotional support to express whatever they feel to the judge honestly and without fear of consequence. You should have the same sentiment even if the judge does not request their presence in their chambers, but rather, your child offers voluntary testimony of their preferences before the family court.
If you have made it this far, please do not hesitate to seek further information from a skilled Morristown family law attorney. The team at Graves Andrews, LLC, is willing and able to guide you through your future legal processes.