Legal Question in Family Law in New Jersey

Re: Child

Hi,

A child has to be at least 7 years old to testify. I have read the other responses, and they are correct that the Judge, if you get that far, will interview the child in her/his chambers alone. Again, I agree 14 is a good rule of thumb for when the child's opinion will really carry some weight.

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Re: Child

This question comes up all the time, 14 is a good starting age, but it is up to the Judge. My consultations are always free, so call me at 732/247/3340 if you have any other questions.

Re: Child

The child's preference is learned from the child in a conversation in the judges chambers, not the court room. The conversation is recorded but only the child and the judge are in the room during the conversation.

The closer in age a child is to the age of eighteen years the more importance is given to the child's preference. Obviously the preference of a three year old will have little weight, but the preference of a child who is sixteen or seventeen years of age has considerable importance, but it is not the only consideration.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com