Child custody disputes can be challenging for parents, but even more emotionally difficult for the children involved. Many parents worry whether their child will be asked to testify during a custody case and the impact it can have on their emotional well-being. Whether the goal is to understand the child’s personal preference or gather important information, it is crucial as a parent to understand whether your child can be interviewed or questioned. Continue reading and speak with an experienced Montgomery County child custody lawyer for more information today.
Will My Child Be Asked to Testify During a Custody Case in PA?
It is possible that your child will be asked to testify or be questioned. However, it is only done when the court believes it is necessary to understand the child’s best interests and is decided on a case-by-case basis.
Whether or not your child will be asked to testify during your custody case depends on the circumstances of the situation. If the child possesses information relevant to the court’s decision, then it may be important for them to go on the record.
What Does it Mean for a Child to “Testify” in PA?
Children rarely testify in open court in Pennsylvania. Speaking in front of a public crowd and their parents can cause guilt, emotional distress, and pressure for the child. PA courts prioritize protecting the child’s mental well-being and best interests at all stages of the process. For this reason, most child testimony occurs privately in the judge’s chambers.
This is known as an “in-camera interview” and involves the judge speaking with the child in a calm and less intimidating environment. The judge will ask the child age-appropriate questions regarding their routine, home life, feelings, concerns, and anything else relevant to the situation at hand. Parents are not generally present, which can reduce the child’s anxiety and minimize the risk of the child being influenced by either party.
Why Would a Child Need to Speak With a Judge?
Children may provide important information that only they possess regarding each parent. Questions may be about each parent’s home environment, routines, whether they help with homework, safety issues, discipline, emotional stability, or any other concerning behavior. Only the child knows what goes on with each parent when no one else is around, so their insights can help the judge evaluate what custody arrangement will most benefit the child.
A child could also share their preference regarding which parent they want to live with and why. Judges will consider not only the child’s opinion but also the reasoning behind it. For example, a young child may explicitly state they want to live with one parent over the other because that parent is more fun and has no rules. This will be less impactful than an older child preferring one parent because they receive more support from them regarding their education or extracurricular activities.
A child’s testimony can be helpful in a variety of scenarios, especially when allegations of abuse, neglect, substance abuse, or high-conflict situations are involved. Pennsylvania courts work hard to protect the children involved in custody cases, and sometimes only they have the information necessary to uphold this standard.
