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Should your child testify in your custody case?

On Behalf of | May 10, 2024 | Child Custody |

There’s a lot at stake in your child custody case. If the judge rules against you, then your time with your child may be restricted, resulting in damage to your relationship with them. To prevent this from happening, you’re probably thinking through the ways you can present your position in court. One thought that may come to mind is having your child testify. But is that a good option?

Should you have your child testify in your child custody dispute?

The answer to this question is going to vary depending on the facts at hand. For example, if your child is older, mature, and articulate, then their testimony could carry a lot of weight and be persuasive. But if your child is younger, afraid of their other parent, or unsure of what they want, then putting them on the stand may cause more harm than good.

Before deciding to have your child testify in your custody case, then, you should consider these potential consequences:

  • Your child may end up resenting you for pitting them against their other parent.
  • The other parent may use the child’s testimony to try to show that you’ve engaged in parental alienation.
  • Your child may not end up testifying how you expected.
  • Your child may disclose information that you didn’t want to come out in court.

Therefore, you need to carefully think through your options before bringing your child into court. In some instances, securing favorable third-party testimony may be a safer option.

Build a persuasive child custody case that protects your child’s best interests

Remember, the court is going to base its decision on what it believes to be in the child’s best interests. Therefore, the evidence you present should speak to that standard. Only then are you going to develop persuasive arguments that will hopefully lead to an outcome that you want and that’s best for your child.



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