Legal Question in Family Law in Michigan
Children Testify Against Neglectful Parent
My ex-husband received full physical custody of our 3 children a little over three years ago. The children are now ages 10, 8 & 7. During their visitation with me they tell me how their Father drinks and drives with them in the vehicle and how he is always drinking at home. There are other instances of neglectful acts as well. If I petition for full physical custody, would the children be able to testify? Their father has not been stopped for drunk driving that I know of and I have no other proof.
1 Answer from Attorneys
Re: Children Testify Against Neglectful Parent
Dear Sir/Madam:
To change custody you will need to demonstrate that there has been �a change in circumstances�. If your ex-husband has developed a drinking problem, that may constitute a change in circumstances. Proving it is another matter. Generally, 10, 8 and 7-year-olds can testify, but it is generally done without the parties and attorneys present. You will not know what the children say to the Judge. However, if the Judge finds a change in circumstances, then an evidentiary hearing on custody will occur. You will need to prove by clear and convincing evidence that it is in the children�s best interest to be placed in your custody. As you know, an evidentiary hearing can be lengthy and expensive.
If you have any questions, please feel free to contact me at (313) 561-5700.
Sincerely,
Michael D. Eberth
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