Children certainly have a vested interest in the outcome of a divorce or child custody matter, and some will have strong opinions about which parent is their primary caretaker. Parents may support a child’s desire to voice his or her opinion to the court, and ask that the child be permitted to testify as to his or her feelings about living with a particular parent. There are obvious concerns about the psychological effects the child could experience through participation, though, as well as issues of the child’s ability to provide objective testimony. This is not to say child testimony never happens, just that it is the exception and not the rule. If getting a child’s perspective on his or her current and preferred living situation is a priority, which is important if there is a high degree of conflict over this issue, there are other mechanisms to bring this information in without directly involving the child. A discussion of how courts view child testimony, and other alternatives to help the judge decide the child’s best interests will follow below.

Court’s View of Child Testimony

Participating in legal proceedings is typically a stressful and overwhelming experience for many adults, and children forced into this arena are rarely equipped to understand the full context and purpose of court proceedings. Just the experience of being in a courtroom can be more than a child can reasonably process, which puts him or her at risk of emotional and psychological harm. Thus, if a judge does consent to the child testifying, the child’s statement is almost always taken in the judge’s chambers, with only the judge and child present, though attorneys are sometimes allowed to attend. This is called an in camera interview. While this setting is less likely to intimidate a child, it also serves to remove the influence of the parents on the child’s response.

This worry brings up the primary issue courts generally have with child witnesses – competency. In order to provide testimony in any case, a witness must be able to know the difference between the truth and a lie, and promise to only say things that are factually true. Younger children commonly have a hard time with this distinction, especially if they are concerned about disappointing a parent, or are being pressured to choose sides. Thus, courts generally limit input from a child on his or her wishes in relation to custody to those aged 14 or older. Teenagers are usually in a better position to make an objective decision about the better living situation, and less likely to be coerced into supporting one parent over the other. However, if the child has relevant information that cannot be obtained through another source, a court is more likely to grant a request for an in camera interview, even if younger children are involved.

Alternatives

Courts are principally concerned with ascertaining what is in the best interests of the child, which sometimes requires input from third parties, typically social workers or a guardians ad litem. These individuals may be appointed at a parent’s or guardian’s request, and are empowered to investigate the child’s well-being and the custodial arrangement that would best promote the child’s welfare. To accomplish this end, these court-appointed investigators can obtain records related to the child, with school, medical and psychiatric being the most common, and conduct interviews of the child, the parents and anyone else with a significant role in the child’s life. A report is then submitted to the court for its consideration, with the findings usually weighing heavily on the court’s decision. Using these mechanisms to get the child’s needs squarely before the court is a less invasive way of ensuring a court has all the necessary information to make a fair decision.

Work with an Indiana Family Law Attorney

Doing what is best for your child is the goal of every parent, and is a huge concern when child custody is on the line. If you have questions about the laws on child custody or your rights as a parent, talk to family law firm of Christopher L. Arrington, P.C. We understand how sensitive this issue is, and will work to obtain the result that is best for you and your child. Contact the Danville office today to schedule an appointment.