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.
Answered on 7/08/04, 9:20 pm