How Do Children Speak To The Court?

Cindy Best

One of the best interests factors to determine where the children will live is the opinion of the child. The age of the child will determine how much weight the court will give the child’s opinion. But the court does not actually speak with a child. Their voices are heard by the parents’ testimony, a counselor, or a parenting conference. The most effective testimony is usually by a personal counselor who has seen the children for awhile. The counselor can give the view of the child to the court. Children who are 16-17 are usually not ever forced to see one parent or the other. Children younger than 7-8 are not usually involved in the process and are not interviewed. If the children are interviewed they are not asked to choose between their parents, they are usually just asked open ended questions like” what do you like about your father/mother, what do you do when you are with them”, and so forth. An experienced family law attorney will help you help your children have their voices heard.

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