Child Testimony in Family Law Cases

In family law cases, particularly those involving child custody or visitation rights, the issue of child testimony often arises. Parents, judges, and attorneys may question whether a child should testify in court and, if so, how their testimony should be handled. Child testimony in family law cases is a sensitive and complex issue, especially in Texas, where the courts strive to balance the child's best interests with the rights of parents and the integrity of the legal process. If you are currently involved in a family law dispute and you have questions regarding whether your child should testify, it is important to speak to an attorney as soon as possible. The dedicated Dallas family law attorneys of McClure Law Group have significant experience navigating child custody and visitation disputes, and we can provide guidance on how you can protect your child while advocating for your rights.

Texas courts have specific guidelines under the Texas Family Code (the Code) regarding when and how a child may offer testimony in a family law case, such as a divorce or custody proceeding. According to the Code, a child aged 12 or older has the right to express a preference regarding which parent they wish to live with. While the courts may consider a child’s opinion, it is not determinative, and the court retains ultimate discretion in deciding custody arrangements based on the child’s best interests.

Judges in Texas are acutely aware of the stress and emotional strain that testifying can place on a child, particularly in cases involving high-conflict custody disputes. As a result, they  most often choose to limit the extent of a child’s participation or opt for alternative methods of gathering the child’s input, such as a private interview with the judge.

The Texas Family Code offers several protections to children who may be asked to provide testimony in family law cases. For example, the Code states that rather than requiring a child to testify in open court, the judge may conduct a private interview with the child. This means that the child can speak directly to the judge in a more comfortable and less intimidating setting, often without the presence of parents or attorneys. The goal of such interviews is to minimize the emotional toll on the child while still allowing their perspective to be considered in the legal proceedings.

Moreover, the court may appoint a guardian ad litem or an amicus attorney to represent the child's best interests. These individuals act as neutral parties whose primary concern is the welfare of the child. They can gather information about the child’s circumstances, interview the child outside of court, and present their findings to the judge without requiring the child to provide direct testimony. This additional layer of protection helps ensure that the child’s voice is heard without exposing them to unnecessary stress or trauma.

In some situations, child testimony can provide critical insights, particularly if the child has witnessed or experienced events that may directly impact their safety or emotional health. For instance, if a child has firsthand knowledge of abuse or neglect, their testimony may carry significant weight in determining custody arrangements.

While child testimony in family law cases may help inform the court’s decision, it is only one factor in determining what is in the child’s best interest. The court will also consider various other factors outlined in the Code, including each parent’s ability to provide for the child’s physical and emotional needs, the stability of each parent’s home environment, and any history of domestic violence or abuse. It is crucial to understand that the court is not bound by the child’s expressed preference for one parent over the other, especially if the judge believes that the preferred arrangement would not serve the child’s overall well-being.

Navigating the issue of child testimony in family law cases can be challenging for parents and their attorneys. If you are involved in a family law case where child testimony may be a factor, you should talk to an attorney about your options. The seasoned Dallas family law lawyers of McClure Law Group are well-versed in the intricacies of child testimony under the Texas Family Code and can provide sound guidance on how best to approach this sensitive issue. Our primary office is located in Dallas, and we also meet clients by appointment at our Collin County office in Plano. We frequently represent clients throughout Dallas, Garland, Rockwall, Fort Worth, McKinney, Irving, Frisco, and Richardson, as well as in cities throughout Dallas, Collin, Denton, Grayson, Tarrant, and Rockwall Counties. Call us at 214.692.8200 or fill out our online form to arrange a meeting to discuss your case.