The Dangers of Children Testifying in Family Court

A Veteran Fairfax Virginia Divorce And Family Law Attorney Writes About Involving Your Child In Custody Disputes

An unfortunate reality of parental rifts in the Commonwealth of Virginia is that children are often witness to some of the dramatic events that lead to the dissolution of marriages and child custody disputes. As a Fairfax, VA family law attorney, it's not uncommon for my clients to approach me with the idea of having their children testify in the family court against the other parent. While an older child may provide material testimony that could affect the outcome of a divorce proceeding or child custody battle, there are risks to having a minor child take the witness stand.

Accusations of Poisoning Your Child Against the Other Parent

One of the most common defenses that parents use when a child testifies in an unfavorable way against them is to accuse the other parent of "brainwashing" the child. Depending upon certain factors, such as the nature of the information that the child is bringing before the courts, the strength of the other parent's case, et cetera, this counter-argument may or may not carry weight in the Fairfax family courts (or elsewhere).

Damage to Your Relationship with Your Child

While a child may provide useful testimony for your custody dispute, he or she may resent the idea that you've essentially pitted him or her against the other parent. As a Fairfax, VA child custody dispute lawyer, it's been my experience that parents who compel their children to testify may get what they want, but with a cost to their relationships with their children.

The Child's Testimony may be Unpredictable

Even when parents hate one another, the child usually still has a great deal of love and respect for both his or her mother and father. When a child is put into a legal setting and asked to provide damaging evidence against one parent or another, the results are often unpredictable. This is true even when the child assures his parent that he or she will testify a certain way. Parental bonds are powerful, but they usually work both ways.

Third Party Testimonies May Be Safer

With all of the reasons stacked against using a child's testimony in a custody battle, it's often advisable to look to neutral parties to help bolster your case. School counselors, teachers, coaches, tutors, relatives, and friends of the family can often provide the insight that the Fairfax and other Virginia family courts are looking for.

Whether your child custody dispute is in Fairfax, Arlington, Prince William, Loudoun, or elsewhere in Virginia, you should contact a reputable family law attorney if you have questions about child custody dispute strategies.

Virginia Family Law Attorney Claudia Zucker

Do you need a divorce and family law attorney? Do you have questions about your child's testimony in a Northern Virginia Divorce Proceeding? We invite you to contact us today at (703) 596-1005. We're always just a phone call away.

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