Helping Texans with a variety of family law cases, including child custody and divorce.

Child Testimony and Family Law Challenges in Texas

by | Nov 11, 2023 | Firm News

Introduction: Empowering Fathers in Family Law

Hey there! I’m Ben Beveridge, the founder of Beveridge Law Firm, PLLC, and I’ve been through the challenges that non-custodial parents and fathers face in family law. I was once a non-custodial parent who only saw my kids on weekends. Determined to change that, I went to law school, passed the bar, and within months, I had equal access to my kids. Now, I’m passionate about helping fathers secure equal time with their children.

Understanding Child Testimony in Family Law Cases

Question: How often are children asked to testify in family law cases?

Answer: In family law, children are seldom asked to testify due to concerns about unreliability. However, there are situations where a teenager’s testimony becomes crucial, like when they want to live with a different parent, serious accusations involve the child as the only witness, or in enforcement actions. It’s a delicate process, and we’re here to guide fathers through it.

Calling a Child to Court: Procedure and Competency Considerations

Question: What’s the process if I need my child to testify?

Answer: If you’re calling your child to testify, it’s crucial to notify the judge in advance. Typically, we serve subpoenas to the parent, who will be driving the child to court. Competency is a key factor. If a child lacks the intellect to understand the subject matter, they may be deemed incompetent. We navigate this process, ensuring a smooth legal journey for fathers.

Preparing a Child for Testimony and Alternate Presentation Methods

Question: How can I prepare my child for testimony?

Answer: Preparation is key. We start weeks before the trial, familiarizing the child with the courtroom and the process. We inform them about each step, from taking the oath to the questioning process, reducing the chances of surprises. Courts may implement measures like screens to shield the child from parents, minimizing intimidation.

Child Testimony in Texas: Legal Standards and Advocacy

Question: What laws govern child testimony in Texas?

Answer: Texas has specific laws governing when and how children can testify in court cases. Judges determine a child’s competency based on their understanding of truth-telling obligations. Our specialized team at Beveridge Law Firm advocates for fathers and children, navigating the legal intricacies to ensure a fair and just process.

Child Custody: The Role of Testimony and Court Decision-Making

Question: How does child custody get decided, and will my child have to testify?

Answer: Custody decisions aim to prioritize the child’s best interest. Factors like age, emotional relationships, and parental capabilities are considered. While testifying is rare, if needed, it’s done privately in the judge’s chambers, away from parents. We, at Beveridge Law Firm, protect fathers’ rights throughout this process.

Conclusion: Advocating for Fathers in Family Law Matters

In the intricate landscape of family law, we’re here to empower fathers. False allegations and custody battles can be challenging, but our experienced team navigates these complexities. If you’re a father in Brazoria or Galveston County seeking equal time with your children, reach out to us at Beveridge Law Firm, PLLC. Call 281-407-0961 or submit your information at our contact page.