Legal Question in Family Law in New York

childs voice in court...age?
how old must a minor be to have his/her voice heard in court. saratoga county, ny....grandma and mother have joint custody with grandma having primary.......childrens despise decision and want to live with mom. Will the court listen to them directly at ages 14 and 12 (no influenced law guardian involved)????

Asked on 8/08/06, 9:06 am

Debra Palazzo Law Offices of Debra Palazzo, LLC

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Re: childs voice in court...age?

There is no set age in which a child can be heard in court. It all Depends on the circumstances and more importantly the maturity of the children.

However, at 12 and 14 they are of the age, in general, that a Judge may give some weight to their opinions/preferences.

Answered on 8/08/06, 12:10 pm

Phroska L. McAlister PHROSKA LEAKE McALISTER

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Re: childs voice in court...age?

In NY a child is not "sworn in" to testify until age 14.

However, a child may be "heard" at any time the Court may deem it appropriate. Such hearing may be direct, indirect or by representation.

Good luck,

Answered on 8/08/06, 6:30 pm

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