Will My Child Have to Testify at My Divorce Trial?

When divorcing parents can’t agree on child custody arrangements, a court must decide for them. In a custody dispute, parents often disagree about the roles they play in the child’s upbringing—one parent may exaggerate the amount of time spent with a child or downplay how much the other parent sees the child. In more extreme cases, one parent may claim the other is unfit to care for the child and request supervised visitation or other restrictions. In order to make a fair decision that's in the child's best interest, a judge will need to consider evidence, including testimony from witnesses with personal information about the family.

Although a child may be one of the most knowledgable witnesses at a custody hearing, parents are usually reluctant to place their children in the middle of these battles.

In this article for lawyers.com, I explain when a child may testify at a divorce trial, and other options for obtaining child testimony in your divorce.