DIVORCE | ADOPTION | ELDER LAW
Your Family Law Firm
Child Testimony in Florida Family Law Cases
The right to call witnesses to support your case, and to prove a defense to allegations made against you, is a fundamental right in our legal system. However, the right is not absolute. Many people ask if they can call minor children to testify in their family law case. This may be to prove any number of issues that may affect the party’s interests, or the children’s best interests. Or, there may be a desire simply to establish a child’s wishes as they relate to a timesharing schedule with the child’s parents.
In general, courts try to avoid the need to call children as witnesses because this can put the children in the middle of adult matters and hinder their relationship with one or both parents. However, where such testimony serves the best interests of children, it can be allowed if a motion for child testimony is filed and granted by the court.
Age and Maturity
Under Florida law, Courts should consider the age and maturity of a child when deciding whether to hear child testimony. As for age, and as a general rule, courts consider a child of sufficient age if they are age 12 or older. This age is not reflected in any statute or any particular case precedent but is nevertheless the general rule of thumb in determining whether a child is old enough to testify.
Maturity can be measured by various methods. A court should first assess whether the child is emotionally mature, such that they would not be emotionally harmed by appearing in court and offering their testimony. Courts often consider the child’s academic performance in school, any history of behavioral problems or other examples of the child’s maturity.
The decision is not as simple as it may seem. Court’s may determine that a child who is younger than 12 is nevertheless mature enough to testify, and hear what they have to say. Or, the court may deem a child who is over age 12 as not sufficiently mature to testify, or the court may refuse to hear child testimony if in general it is not needed to resolve the matters before the court.
Securing Child Testimony
When a motion for child testimony is granted, the child rarely takes the witness stand in the same way other, adult witnesses offer their testimony. Typically, the child will meet with the judge in the judge’s chambers, and without the parties being present. The law requires a court reporter to be present to record the testimony, and the parties attorneys are typically present as well. In any event, without their parents being present, children often believe they can speak more freely than otherwise.
Talk to an Experienced Florida Family Law Attorney
If you have questions about child testimony or your rights in any Florida family law case, it is wise to speak to an attorney as soon as possible. Consult with an experienced attorney at The Wheeler Firm and find out more about your rights in divorce, paternity cases and other Florida family law cases by calling (850) 613-6923 or click HERE to schedule a consultation.
WHY CHOOSE US?
Led by experienced family law attorney, Andrew D. Wheeler, The Wheeler Firm is committed to the protection and security of every client. We work to ease the stress of family law litigation, protect our client’s interests, and focus on proven results. With more than 15 years of experience litigating every form of family law case, and representing thousands of individuals and their families, we promise exceptional representation and advocacy. Call us at (850) 613-6923 for a consultation.
