In the state of Alabama, child custody orders ultimately come down to the best interests of the kids involved. As such, it’s reasonable to assume their preferences and testimony will have a considerable impact on the proceedings. While children won't necessarily have the final say, they will play an important role when it comes to resolving any contentious disputes. Here’s what all parents should know about the effect their kids can have on the pending custody arrangement. 

When Can Children Choose Where They Live? 

It’s a common misconception that upon reaching a certain age, children may choose which parent they live with. While there is no such law in the state of Alabama, family law judges will consider a child’s preferences when determining custody. The older the kids are, the more weight their wishes will undoubtedly hold. A child’s maturity level and specific reasons for choosing one parent over the other will also affect how much the judge values their opinion. 

Do Children Have to Testify in Court? 

Testifying in court is understandably stressful for children. However, their testimony may be very beneficial.  Under current law the children may be required to testify in open court in the presence of their parents which can be very disturbing to both parents and children.  However in some cases their testimony is critical.

The parents may agree to allow the testimony to be only before the attorneys and judge.  If either parent objects, the testimony must be in open court before the parents.

The more informal location can put the children at ease. It also prevents them from feeling pressured to answer in a certain way because their parents are listening. (You can, however, request that the conversation be recorded.) 

Donna C. Crooks Attorney At Law understands the stress that accompanies contentious child custody battles. To ensure you can focus solely on taking care of your family, she’ll handle all the logistics of your case. Serving clients throughout Dothan, Enterprise, and the rest of southeastern Alabama, this knowledgeable lawyer has more than two decades of experience in the legal field. To explore all her practice areas, visit her website, then call (334) 598-9534 to schedule an initial consultation.