Custody cases can be emotionally stressful for parents and children. When disputes escalate, parents may wonder if their child will need to speak in court or testify in order for the court to determine a fair custody arrangement. In New Jersey, the court’s primary goal is to protect the child’s emotional well-being while ensuring decisions are made in the child’s best interest. For more information on how and when a child may be involved in a case, read on and speak with a knowledgeable Morris County, NJ child custody attorney today.
Will My Child Be Called to Testify During a Custody Case in NJ?
It is possible that your child will be asked to testify during your custody case, but it is rare and only allowed when necessary to reach a fair decision or protect the child’s well-being. New Jersey courts recognize that testifying or being questioned can be emotionally distressing and may cause psychological harm, especially depending on the child’s age and the circumstances. For this reason, courts try to prevent children from testifying in open court.
However, a judge may speak with a child outside of the courtroom through an in-camera interview in chambers. When a child’s input is necessary, in-camera interviews are preferred as they are less intimidating and conducted privately, without a crowd or the child’s parents present.
How Old Does a Child Have to Be to Testify?
There is no set age in New Jersey that a child must be in order to testify in a custody case. The decision will be made on a case-by-case basis depending on the judge’s evaluation of the child’s maturity, emotional state, and whether the child can communicate responsibly without influence from a parent.
As long as it serves their best interests and is not likely to cause serious emotional harm, a child can testify during a custody case. However, the older the child is, the more likely they will be permitted to testify.
Will a Child’s Preference Determine the Outcome of Custody?
Courts consider a variety of factors when determining a custody arrangement that prioritizes the best interests of the child. While the child’s preference and testimony are considered, it is not the deciding factor.
When deciding how much of an impact the child’s testimony will have, the court considers their maturity, reasoning, emotional state, and whether the information they provide is voluntary and sincere. In general, older and mature teens who demonstrate thought-out reasons for their preference may have a greater influence on the outcome of custody. However, ultimately, the judge has the final say.
For more information and to secure the help of an experienced lawyer, reach out to Townsend, Tomaio, Newmark & Clancy, L.L.C today.
