Child Testimony in a Custody Case

Rancho Cucamonga attorney Laurence J. Brock explains how children can often "testify" in your California child custody case, whether it's a divorce or unmarried parents custody case. Full text of the video is below.
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One question a lot of parents have is whether or not their child can testify in their own custody case. In other words, whether they can talk to the judge directly.
The answer is, sort of. In every single county in California there’s going to be a child custody mediator who’s going to meet with the parents before the hearing on custody and who’s going to help try to settle the case. In the “reporting” counties like Riverside county and San Bernardino county the mediators will actually write a report to the judges and in those counties the children are allowed to talk to the mediator. Now, don’t bring your children to the mediation. But while you’re at your mediation appointment, you set up another appointment later with the mediator. But in those counties that allow the reporting, the children can meet with the mediator and the mediator will put the child’s wishes in the report and give it to the judge.
In all the counties whether reporting or not, the judges have the right to call the child as a witness if they’re old enough and mature enough to understand the proceedings and to maturely express their opinions. I’ve almost never seen a judge call a child to the witness stand. Typically, they’ll have them come into the chambers [the judge’s private office] because we don’t want a situation where a child is sitting in front of his or her mom and dad, and having to pick. We’d rather they go in front of the judge by themselves, where it’s a little more confidential, maybe a little more secure.
But the short answer is yes, your child has the right to testify in their own custody case.

Тэги:

#Family_Law #Rancho_Cucamonga #Riverside_County #Los_Angeles_County #Child_Support #Child_Custody #Child_Testimony #Mediators #Bests_of_Interests_of_Children #Child_Custody_Mediator #Professional_Mediation #Child_Witness #Testify #California_Family_Law #2021 #Laurence_Brock

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