A Child’s Testimony
They May Have a Cause to Determine Their Future
When there are children involved in a divorce, parents may want to keep them out of the process as much as possible to protect them from any additional distress. It’s for this same reason that most Florida family law judges disapprove of involving children in their family’s legal dispute. However, there are some situations in which a child may need to testify in a court, especially those involving custody issues.
A CHILD’S TESTIMONY
People believe that for a child to testify, they must be a certain age. However, that is not true. A child can testify at any age, but they must meet certain requirements to do so. For instance, a child must show a level of maturity that proves they understand the subject they will be testifying about. Additionally, their testimony depends on the issues involved in the case itself.
REQUESTING PERMISSION
THE FAMILY LAW JUDGES
Before a child can testify, one party needs to submit a request before the trial takes place asking the court for permission. Typically, the court holds a hearing once the petition is filed to determine if the testimony is, in fact, necessary. If the judge isn’t convinced, the petition will be rejected. If it is accepted, the child’s testimony will be submitted to the court by a third party, such as a licensed mental health professional, a custody evaluator, or a court guardian.
It’s important to keep in mind that not all judges feel the same about testimony from children. One judge may deem the testimony of a 14-year-old necessary while another may not. A major factor in deciding whether a child should testify is that it must be necessary. The judge may determine a child’s testimony is needed in cases involving domestic violence, neglect, or substance abuse or there is no other way to bring evidence into the case.
For any questions or concerns involving child testimony, contact the Bruce Law Firm at 561-810-0170. Our team can talk with you about whether or not it is needed.
Have a LAUGH
Shaved Asparagus Salad
Inspired by ACoupleCooks.com
Ingredients
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1 lb asparagus spears
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3/4 cup Parmesan cheese, grated
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1 tbsp lemon juice
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1/2 tsp kosher salt
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1 tsp Dijon mustard
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1/8 tsp red pepper flakes
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3 tbsp extra-virgin olive oil
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Freshly ground black pepper, to taste
Directions
1.
With a vegetable peeler, shave each asparagus spear from tip to base. This is easiest to do if the asparagus is on a flat surface. Place shaved asparagus in a bowl and blot off excess moisture with a paper towel.
3.
In a separate bowl, make a vinaigrette by whisking together lemon juice, Dijon mustard, and olive oil. Pour vinaigrette over shaved asparagus and add Parmesan cheese, salt, red pepper flakes, and black pepper. Toss to combine. Taste and adjust seasonings.
4.
2.
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