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Will the children be witnesses at a custody hearing?
No. Children will not be put in the very difficult position of taking sides and giving evidence at a custody hearing. Their thoughts and opinions may be reported in a custody assessment or testimony.
If they are old enough (usually at least 12), the judge may ask to speak to them in the judge's private office. The judge will have a private and informal discussion with the children about custody and give serious consideration to what they say. However, this kind of consultation with a child is very rare.
July 2006
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