Family law trial

[Stashley2]

I have been divorced for 6 years. I recently went back to court to get my children half of the time, 50/50 custody. The children, 14 and 8, went to mediation and they want to come to my house every other week. My ex is objecting this so our case is being sent to trial. My question is can I subpoena the kids to act as a witness during the trial? Mainly to tell the judge themselves that they want to come to my house equally.

 

[army judge]

I have been divorced for 6 years. I recently went back to court to get my children half of the time, 50/50 custody. The children, 14 and 8, went to mediation and they want to come to my house every other week. My ex is objecting this so our case is being sent to trial. My question is can I subpoena the kids to act as a witness during the trial? Mainly to tell the judge themselves that they want to come to my house equally.

In California, children have no say until they become adults at age 18.

The older a child is, however, the more value their opinion MIGHT have.

The courts are never obligated to simply follow the wishes of the child (or children).

Some people feel that even asking a child to choose between one parent and the other, regardless of the child's age, is tantamount to child abuse.

Many judges feel this way, too.

Most judges (if not 99% of judges) recognize that it is their job (as a judge) to decide where the child is to reside and with whom.

Therefore, you must be careful when (and how) the child's wishes are brought to the attention of the court.

Legally, in your state, the court is NOT required to inquire as to the child's opinion as to which parent they wish to live.

Such information can sometimes be placed before the court by a social worker, psychologist, school official, or similar health care professional.

 

[guestpost]

Thank you. The children went to mediation and voiced they want to come to my house half of the time. The judge made temporary orders for the kids to be at my house half of the time. My ex is still fighting this which is why we are going to trial. The best interest of the children is for them to be with me every other week.

 

[Stashley2]

The judge granted 50/50 time as the kids and I requested. My ex is still contesting. I wanted to see if I should/could bring the kids in as witnesses to show that it is in their best interest to come to my house half of the time

 

[army judge]

The judge granted 50/50 time as the kids and I requested. My ex is still contesting. I wanted to see if I should/could bring the kids in as witnesses to show that it is in their best interest to come to my house half of the time

We don't give you directions or instructions, as to how you proceed.

We don't make decisions for you, either.

We provide information, and you use that (plus other information) to make your own decisions.

 

[Proserpina]

A family court judge in CA is NOT going to treat you kindly for dragging your kids into court to serve as witnesses.