Wake Family Law

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Schilawski O’Shaughnessy Grace King & Mauney, PLLC

Raleigh, North Carolina
(919) 787-4040

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You are here: Home / Family Law / Custody / Can my child testify in my child custody hearing?

Can my child testify in my child custody hearing?

December 28, 2018 by WFLG Attorney

Contrary to popular belief, there is no set age when children can testify and express their wishes for their living arrangements in a custody case. Rather, the court decides whether the child is of a “suitable age and discretion” to testify and express their wishes before the judge.   The judge will consider the child’s age and maturity level.  A major factor in determining the child’s competence is whether the child has the ability to understand the difference between a truth or lie.

If a child testifies, the attorneys typically will agree for the child to talk with the judge privately “in chambers” (the judge’s office) instead of in the courtroom in front of the parents.   Keep in mind, however, that even if the court determines that the child is of a suitable age and discretion to testify, the court has the discretion to decide what weight will be given to the testimony.  A court is not bound by the child’s wishes–regardless of the age of the child.

By Melanie C. Phillips

Filed Under: Custody, Family Law

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Wake Family Law Group

Schilawski O’Shaughnessy Grace King & Mauney, PLLC

4350 Lassiter at North Hills Ave, Suite 360
Raleigh, North Carolina 27609

(919) 787-4040
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We are so proud of our WFLG team for helping us keep our office safe and COVID free(!!!) for each other, our colleagues, and our clients over the past year. 💉And we are VERY happy to say that we are now all vaccinated! #wflg #northhillsdivorce#playhardplayfairplaytowin#FAMILYLAWSPECIALISTS#covid19vacccine#whendoesthirstythursdayresume ... See MoreSee Less

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UNC School of Law in the top 25 law schools! ⚖️ 👊🏻Proud to have 3 Carolina Law alums at at firm: Nancy Grace, Kelley Cash, and Carly Baker. Also fun fact, we’re proud to have an alum at the firm from the #10 law school too (University of Michigan): Melanie Phillips. #wflg #northhillsdivorce #playhardplayfairplaytowin #familylawspecialists #UNCLaw ... See MoreSee Less

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Helping clients move forward and knowing they were pleased with the work we did=best parts of our job. Thank you to a very special client for this wonderful treat, and great lawyering by Marc, Carly, and Melanie! #wflg #northhillsdivorce #playhardplayfairplaytowin #familylawspecialists ... See MoreSee Less

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Timeline PhotosIt can be difficult to see your loved ones struggle with their mental health. Wondering how you can support a friend? These six tips may be a good start. 💚#mentalhealthmatters #mentalhealthsupportWhat other tips have helped you speak to a loved one about their mental health? ... See MoreSee Less

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Check out our latest blog post by WFLG partner Katie H. King. This one is geared toward lawyers who are litigating custody cases involving LGBTQIA+ children. https://wakefamilylawgroup.com/tips-for-advocates-in-custody-cases-involving-lgbtqia-children/ ... See MoreSee Less

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A few weeks ago, I had the opportunity to speak on a panel as part of a continuing legal education seminar about serving the needs of LGBTQIA+ clients. We

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Wishing a very happy milestone birthday today to WFLG partner Justin Mauney. 🎉🎈You can read more about Justin at:https://wakefamilylawgroup.com/family-law-divorce-attorneys/justin-l-mauney/4️⃣0️⃣ ... See MoreSee Less

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