Can a 12 year old talk in court?
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the …
Will a judge listen to a 12 year old?
While no law permits the child to choose their custody status, most California courts believe 14 years of age is old enough to express themselves and the reasons why they prefer one parent over the other. Therefore, the court will listen but not assume everything the child said is black and white.
How old does a child have to be to speak in court?
If a child is age 14 or older and wants to address the court regarding his or her wishes, the Judge now has to either allow him or her to do so, or make a specific finding regarding why that would not be in the child’s best interest.
Can a parent ask a judge to interview their child?
A parent can ask the judge to interview the child, but the opinion of a young child will not be weighted as heavily, and more importantly, the judge is not required to interview a child under 12.
Can a judge order my child to testify in a criminal case?
In order to determine whether a child is competent, the judge interviews the child, usually in the judge’s chambers or in a closed courtroom. A conversation can give the judge a good idea of whether the child can recall events and communicate clearly.
Can a judge talk to a child in a custody case?
There is an Indiana law that allows the judge to speak to a child privately to see what the child’s wishes are in a custody or visitation case. Courts can consider the wishes of a child when deciding custody, especially if the child is at least 14 years old.