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Browse: Home / RELATIONS / Family / Children

How do you have your own minor children show up to testify in court?

Infonut: How do you have your own minor children show up to testify in court?
Father is modifying custody from mother having sole to joint custody, fair visitation and removal of alimony. Mother now wants more child support and is against Father having more visitation or joint custody. Children don’t understand and has conveyed they want to see their Father more. What is the court procedure in having your children show up to court to testify as a witness? State is Virginia.
How do you make sure that ex wife brings children? Can it be in a private setting?
Do you actually send your own children a subpoena? How do you serve?

Answers and Views:

Answer by Sham Wow Obama
Have Judge tell custodial parent to being them.

Answer by Andy C
The father’s lawyer must get a subpoena for the kids to testify.

Answer by Peppy
Wow, what a dilemma. I am not a legal expert but having been in a similar situation a number of years ago, I was told by my then attorney the state of VA. would take into account the children’s views at about the age of 10 years or so. It may be even younger by now. Have they been evaluated by a child psychiatrist yet? A professional medical doctor’s opinion would be accepted in court and an absolute tool needed in a hearing of such a nature I would think. I hope you have a great attorney. Stay strong and have faith all will turn out how it should. Good luck for you and your children. The courts always put what is best for the child as the priority and they should. Child support and visitation are two very different issues and are not depended on each other either. Parents can be behind in support payments and still have the right to see their kids. One issue has nothing to do with the other even though most people think they are tied together…..

Answer by Michellus
Children being witnesses means that they have seen what has been happening and the one thing that many parents don’t do is talk with their children. They need support and security and to also know that it is alright to ask questions and feel the way they do. You need to answer them truthfully.Still,that is their father and even though that it is written in black and white that there was abuse, the courts will still encourage the father to be with them.
When you go to court you need to be as calm as possible and be prepared because he is going to try and make you look bad.
Still, this is about the children and what is best for them, not the parents.
Ericas House is where the parent can visit their child(ren) with supervision with a C.P.S. worker.
Good luck to you.

Answer by Jan
If the children are under 12 years old,I would certainly hope they wouldn’t be forced to testify in court and be in the middle of their parents feud. In most states,a judge doesn’t care what a young child wants as they can easily be swayed by one parent against the other.

Answer by jonn449
Let me see if I understand your question.
You are the mother fighting against the father having more visits with his kids…right?
Why?
Either party that wants to drag their kids into the parents Court battle clearly doesn’t have the children’s best interests at heart! Parents that drag the kids into the battle should not only be shot, but should have custody taken away

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