The first time my parents are going alone. I’m assuming divorce court takes more than one session. When does the judge (or whomever) say the children can come in? I’m 18, and need to defend my mother and explain how my father is emotionally abusive and doesn’t need custody of my brothers. How does this work?
When parents are going to divorce court, when does the judge decide if a child can be a witness?
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{ 4 comments… read them below or add one }
Have your mom subpoena you to testify. She may not be certain you want to do that.
Usually the child has to be 13 to make an appearance in the courtroom. If she has a lawyer he/she should look at all the factors and call you as a witness.
It’s not the judge who decides. Her attorney does. However, if the child is too young, the judge can either allow or not allow it. But in this case, you can be subpoenaed into court, no problem. I testified when I was eleven in a similar case btwn my parents, you’ll be fine.
Divorce court final hearings are between the divoring parties..their lawyers and the judge. Unless there would be a divorce trial..then witnesses are allowed to testify.