Legal Question in Family Law in Mississippi

Age of Recognition by the court

At what age can a child have an input on the custody issue between two parents?


Asked on 7/08/04, 12:31 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: Age of Recognition by the court

The statute says age 12 for expressing an opinion. However, I have been involved in a case where the Chancellor allowed 10 year old to testify as a fact witness on facts relevant to custody. It depends on whether it is in the child's best interest and the child is capable of appreciating the obligation to tell the truth, appreciating the difference between fact and fiction, and capable of telling the truth in response to questions.

Read more
Answered on 7/08/04, 9:20 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Mississippi