If you are petty and vindictive in your dealings with the other parent, that is likely to come out in court. You may not be able to control the way the other parent acts, but you can control how you act. Ultimately, the most important witness in your custody case is you. In most instances, it is not good parenting to drag your child into your custody battle, even if the custody decision affects that child. Unless the information from the child is extremely important, the judge may question the motives of the parent insisting that the child testify. Contrary to what many non-lawyers think, children cannot determine their custody at any age. In order for a judge to consider shared or joint custody, he or she must be reasonably confident that the two parents can co-parent effectively.Ĭhild witnesses are rarely the bombshell witnesses some parents and lawyers seem to expect. However, if your witness is going to engage in trashing your spouse in an attempt to help your case, you should probably leave that person off your witness list. For instance, parents of your child's playmates can be a wealth of information. It is good to have witnesses that can talk about your interaction with the child both before and after your separation from the other parent. babysitters and other childcare providers.Cub Scout, Boy Scout, Brownie & Girl Scout Leaders.Here is a partial list of other witnesses that may provide insight about your child and about your parenting: The judge will want someone to talk about how you interact with your child, how you discipline the child and how you talk about the other parent in front of your child. The judge will be more interested in a description of everyday life, such as cooking and cleaning when the child is with you. The judge does not really need to hear that you are a nice person. "Character witnesses" are well-meaning, but not particularly helpful. Are both parents involved in the child's scholastic activities or is one parent more involved? Can the teacher recognize different behaviors depending on which parent has the child? Is one parent more involved in helping the child with homework? Does the child seem happy at school? Is the child disruptive? Has the teacher noticed any substantial changes in the child's behavior or grades? All of these observations may be important to the judge deciding custody. Teachers are a wonderful source of information. If the child sees a therapist or counselor, that person's testimony may be important. For instance, if your child has a medical condition that requires special attention, you may need a medical witness. If your child custody case ends up in court, who are the witnesses you need to testify? Well, it depends on the issues involved in the case.
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