There is no clear cut answer as to whether or not a child will testify in an Orlando Divorce action. According to Florida statutes, Florida Family Law judges may consider the preferences of the child in making child custody or timesharing decisions. However, many judges view child testimony as an unfair burden on the child. Your son or daughter may think that they are being asked to choose between Mom and Dad.
Without direct testimony, how will the judge know the child’s preference? There are other remedies available that can keep your child out of the courtroom. The judge can order a parenting plan evaluation or appoint a Parenting Coordinator or Guardian ad litem. In this way, professionals who are certified to deal with these difficult issues can be involved in finding a solution that will ultimately be in the best interest of your child.
When you and your spouse are unable to reach an agreement regarding custody and timesharing, speak to your Orlando Child Custody Attorney about how to avoid involving your child in the conflict. If you would like to schedule an initial consultation with Attorney Wade P. Luther, please contact us by email or by calling (407) 835-9900.