Custody cases are stressful for families, especially when there is a possibility that a child may have to speak to the judge. In Massachusetts, courts want accurate information, but also work to protect children from emotional harm. Your child may testify during a custody case if the situation calls for it, but it’s important that you protect your child’s legal rights and emotional safety. Continue reading for more information, and contact a skilled Middlesex County child custody lawyer today.
Can My Child Testify During a Custody Case in MA?
Yes, under Massachusetts law, “Children may testify in care and protection and TPR proceedings if the court determines, after consultation with the child’s attorney, that the child is competent and willing to do so. Children may testify in child custody proceedings in Probate and Family Court at the discretion of the judge.”
A child testifying is not routine and is entirely up to the judge overseeing the case. They will weigh the value of the child’s information against potential emotional harm. Courts often prefer indirect methods like a private conversation in chambers, as opposed to testifying in open court. This helps avoid the potential intimidation or trauma of the child having to testify in front of a crowd, including their parents.
How Will a Judge Decide Whether to Let a Child Testify?
Massachusetts courts aim to protect the best interests of children involved in custody disputes, and testifying can be overwhelming or emotionally damaging. However, sometimes it is necessary. When determining whether to let a child testify, judges look at the child’s age, maturity, ability to tell the truth, emotional resilience, possible coaching by parents, and whether there are alternative options. They will also consider whether the information or opinion the child possesses is actually necessary to decide disputed facts and custody.
There is no set age when a court will allow the child to testify or share their preferences. This issue is decided on a case-by-case basis depending on the specific circumstances of the situation. The most important factors are generally whether the child is mature enough to testify and if they can grasp the situation.
Why Would a Child Testify During a Custody Case?
The only reason a child would need to testify during a custody case is to provide information that cannot be obtained elsewhere and that is pertinent in determining a custody arrangement that will prioritize the child’s best interests.
For example, a child’s testimony may be the only evidence of abuse, domestic violence, neglect, mental illness, or other behavior that is not in the child’s best interest. This is especially true if this behavior comes out when the child is alone with the parent during their visitation.
A child can also testify to express their preference for which parent they would like to reside with, especially if the child is older. Although it is not the deciding factor, it will be considered by the judge when determining custody.
For more information, reach out to a skilled family lawyer today.
