Will My Child Need to Testify in a Divorce?

 Posted on July 10, 2023 in Divorce

In any child custody case, the court will consider the best interests of the child in reaching a decision. There are times when a judge will want to hear directly from the child, especially if they are old enough to voice their own opinions. Parents may worry about whether their child will need to testify in open court, which could add to the stress that they are already facing. Illinois law provides procedures for how children testify if it is necessary.

The Judge May Want to Hear from Your Child

It is within the judge’s discretion to request testimony from your child. Illinois law recognizes that testifying in open court is a very stressful situation for a child.Thus, your child will not be required to testify in open court. They will not be examined by a lawyer or cross-examined by the other attorney. 

The Judge Does the Questioning

Your child will be interviewed by the judge in their chambers. Judges know that children are in a difficult situation, and they will try to handle the situation as delicately as possible. They will generally try to avoid lengthy questioning that involves putting the child on the spot. Usually, the judge will try to have a conversation with your child, as opposed to subjecting them to more formal questioning. The judge may also have a trained professional speak with the child to learn more about the situation. 

Parents Can Be Present During the Questioning

Each parent has a legal right to be present in the judge’s chambers when they are speaking to the child. There will also be a court reporter present. However, it is the judge who is the one directly addressing the child and not the parents. The parents can only watch, unless the judge addresses them directly. The judge wants to avoid putting the child in the middle of the parental conflict to the fullest extent possible.

It is up to the judge what weight they will give to the child’s preferences in a custody proceeding. The child may not get to determine which parent they want to live with, nor can they refuse to spend time with a parent. A judge can strongly weigh a child’s opinion, but they could consider it in conjunction with other factors. 

Contact a DuPage County Family Law Attorney Today

You need a Naperville family law attorney whenever there is any custody issue involving your children. You want the best for your children, especially when they are going through this difficult process. You can speak with an attorney at Law Office of Ronald L. Hendrix, P.C. for legal advice and representation. Call us today at 630-355-7776 for a free consultation.

Source:

https://ilga.gov/legislation/ilcs/documents/075000050K604.10.htm