Legal Question in Family Law in Texas

Child Testifing against parent

My sons dad is in jail awaiting trial for probation violation. The reason he is in there is because he violated with my son and my son, who is 11, told on him. Now my son wants to be at the court hearing and tell the judge what his dad has done. I have talked to the DA but am not sure as to how the judge will look at this since he is only 11. I am not forcing him to do anything. He wants to do this. I am just not sure what to do. I am worried they may try to use it against me later in family court. I want more than anything to make sure justice is served, but I do not want it to come back to haunt me later.


Asked on 1/22/08, 12:43 am

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Child Testifing against parent

I don't understand how this will hurt you later in a family court setting. Have you filed for divorce yet? If not, why not? If so, your divorce attorney should be able to counsel you on this.

As to the circumstances, does your son get any therapy? What does the therapist advise? Talk to the DA about instituting some protections for your son during the testimony -- most courts will go the extra mile to protect a child in these circumstances. Your son sounds very mature, and may need this oppportunity to safely confront his father. Trials are extremely emotional ordeals, however. Stay close and stay aware.

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Answered on 1/24/08, 7:42 am


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