What is the legal age that a child can speak on his/her behalf and say what parent they want to live with?
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What is the legal age that a child can speak on his/her behalf and say what parent they want to live with?
Asked on February 21, 2012 under Family Law, Maryland
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Although some states set an age restriction as the minimum age for a child to testify, the real question is at what age are they deemed competent to testify. Some times a judge will actually question them to see if they know the difference between a lie and the truth and if they understand the consequences as to same. And it is always in the discretion of a judge to weigh the testimony. Good luck.
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