Can your child testify at your divorce trial?
Children may hold vital information relevant to their parents’ divorce case. But while parents may wish to call them as witnesses in those proceedings, it is rarely allowed. Parents who do so are sometimes retaliated against, as the Court normally believes children should not be exposed to the divorce court. What then are the available options for introducing information that the children hold?
The operative Colorado statute lists the wishes of the child as one factor the Court may consider in designing a custody award. However, unless the child is in court to testify, the statement by a parent as to what a child says he or she wants is hearsay.
Colorado statutes permit the interview of a child by the Court. In our experience, rarely do judges use this procedure, as they are sensitive to the coaching that may take place from parents who may pressure the child to tell the judge what the parent wants. It is also just too stressful to bring a child into the courtroom or the judge’s chambers.
The only other alternative is to bring in a professional who is allowed to interview the child. That professional is then brought into the trial to give testimony.
For more than 25 years, Marrison Family Law has been known as the best family lawyers in the Pikes Peak area in Colorado Springs. In 2014, The National Advocates recognized the owner, Pat Marrison, among its Top 100 Lawyers award. For similar reads, visit this page.
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Image source: Pixabay.com
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Image source: Pixabay.com
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Colorado statutes permit the interview of a child by the Court. In our experience, rarely do judges use this procedure, as they are sensitive to the coaching that may take place from parents who may pressure the child to tell the judge what the parent wants. It is also just too stressful to bring a child into the courtroom or the judge’s chambers.
The only other alternative is to bring in a professional who is allowed to interview the child. That professional is then brought into the trial to give testimony.
For more than 25 years, Marrison Family Law has been known as the best family lawyers in the Pikes Peak area in Colorado Springs. In 2014, The National Advocates recognized the owner, Pat Marrison, among its Top 100 Lawyers award. For similar reads, visit this page.
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