Custody cases can be emotionally challenging for both the parents and children involved. One of the most difficult situations a parent can face is whether their child will speak to the court about their experience or wishes regarding custody. In Iowa, a child will not automatically testify during a custody case, but there are circumstances where a judge will consider the information and preferences they have. It is crucial that you understand how to protect both your and your child’s legal rights during your case. Continue reading and work with a skilled Dallas County child custody lawyer today.
Can My Child Testify in a Custody Case in IA?
Yes, it is possible for a child to testify in a custody case in Iowa. However, judges generally avoid putting children on the witness stand as it can cause significant emotional distress. A child can be called to testify or be interviewed by the judge outside of the courtroom. Although Iowa courts try to avoid this, sometimes it is necessary if only the child has information on their parent’s behavior, habits, or anything else relevant to the case.
If the child does not want to testify or would be harmed by testifying, the court should make every effort to gather information or make a decision in some other way. It is always important that the child is adequately prepared if they are to be questioned.
How Impactful is a Child’s Testimony?
When a child does testify, there should be evidence and arguments introduced to establish the child’s competency or the reliability of the information they provide. It is crucial that the judge evaluates the child’s understanding of the situation, maturity, and whether they could have been influenced by either parent to say or not say something.
A child’s testimony can be an important factor when determining custody, but there are many important things to consider, and the judge will make the final decision. Courts tend to give greater weight to the information a child provides or their opinion when they demonstrate maturity, the ability to reason, and independence in their views. For example, a teenager who states that they want to live with one parent because they provide help with their homework and support them in their extracurricular activities will have more influence than a young child who says they want to live with one parent because they are more fun.
There are many important factors a court will consider when creating a custody agreement that prioritizes the best interests of the child, and the child’s own testimony or preference is one consideration. For more information and to secure the help of a legal professional, reach out to a skilled lawyer today.
