Legal Question in Family Law in New Mexico

how much proof is needed in court to prove a parent is unfit? Could a 11 year old child be a witness in court?


Asked on 6/04/12, 12:30 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The best interests of the child control. How much proof is needed depends upon negative effects upon the child. Children under 14 can testify only with court approval. Usually a child of 11 will be spoken with by the judge in chambers with lawyers from both sides present, and no one else. It is seldom wise to involve a child of such tender years in any court proceeding unless absolutely nothing else will do.

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Answered on 6/07/12, 10:24 am


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