Children And Divorce: What Role They May Play

When it comes to divorce and children, many people focus their attention on the impact children have on the proceedings in terms of child custody or child support. However, children can play a much more significant role in the process, especially when it comes to proving or disproving claims.

Child Witnesses 

Children often provide some of the most matter-of-fact details when asked a question. So, if you want a real glimpse into a topic, listening to the words of a child will often provide you with what you are looking for. For this reason, some parents wonder whether or not their children will have to serve as a witness, but the best answer to the question is that it depends. 

First, a child can only provide testimony if they have permission from the parent. Second, the child must not only be a certain age, but they must also display a level of maturity necessary to complete this task. It is worth noting that children can also provide a written, on-the-record statement concerning a divorce matter instead of delivering a formal testimony.

Validating Claims

Judges understand the impact that divorce has on children, so they will do everything in their power to safeguard a child. As such, children will generally only play an active role in the process if the judge feels that statements from the child are the only way to validate a claim. For example, if one party in the divorce is accusing the other of violence, the court might gather testimony from a child to determine if these claims are valid. The court will never allow a child to be used just because one party in the divorce believes they can help them.

Coaching a Child 

One word of caution for any parent considering using their child as a witness is that this is not the time for coaching. Again, judges take matters centered around children very seriously. So, if a parent attempts to coach a child to lie or create a narrative that is in their favor, things will not work out well. While the judge must adhere to certain legal guidelines when it comes to settling assets, they also have a great deal of discretion on this matter.

Divorce is a life-changing process for everyone involved, including the children. Contact a service provider in your area, such as Gomez May LLP, to learn more about divorce law.