Will My Child Have to Testify During the Custody Hearing?

When going through a divorce in which you share a child with your spouse, you may want to do everything in your power to shield them from this matter. However, you may be worried about the possibility of your child testifying during the custody hearing. If this reflects your concerns, you’ll want to keep reading to learn more about this process, including how the courts decide whether or not a child should testify, and if so, the protections in place to help ensure the best interests of your child are prioritized. In addition, the following blog explores why you should connect with New Jersey child custody attorneys to help you navigate these difficult matters.

Can a Child Testify at an NJ Custody Hearing?

First and foremost, it is important to understand that, while rare, a child could be called to testify at a custody hearing. However, it is important to understand that the court does not make this decision lightly and will consider a multitude of factors to determine whether or not this is truly necessary.

In order to determine whether or not a child should speak in their own custody matter, the court must examine the relevancy of the testimony and whether the child’s account of a situation warrants significant information that would impact the custody agreement. For example, a child may have critical insight regarding a dispute or event, such as a domestic violence incident, that could impact the outcome of the case by barring one parent from receiving custody.

You should also note that there is no definitive age at which a child is deemed mature enough to testify in their own custody hearing. However, the general consensus is that by age 14, they are old enough. In many instances, though, the court understands that not all children mature at the same rate, and in some cases, a 12-year-old may be more mature than a 14-year-old for the purposes of testifying in court.

If My Child Does Need to Speak, What Protections Are in Place?

In the event the court determines that a child’s insight is critical to the outcome of the case and thus must testify, it’s imperative to understand the protections that will be implemented by the court. First and foremost, the court, either of its own volition or at the request of either parent involved, will seek the testimony of a child in private. Though the interview with the judge will be recorded, a child will not have to take the stand in front of both parents and their legal teams.

Each party can provide a list of questions for the judge to ask the child, helping to reduce the stress of speaking in front of both parents. You should note that you will receive a transcript of the interview, though you are prohibited from discussing this matter with your child after the testimony has been provided.

Custody battles can be incredibly overwhelming to navigate, especially if your child is at the forefront of this matter. As such, it is critical to connect with an experienced attorney to explore your options and help protect your child to the fullest extent possible. At Haber Silver Russoniello & Dunn, we understand how difficult these matters can be, so we are dedicated to helping you and your family seek the best possible outcome. Contact us today to learn more.