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  • Fl 12.944(a) 2015

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Law Rules, provides that minor children may not be deposed (have their deposition taken), brought to court to appear as a witness or to attend a hearing, or subpoenaed to appear at a hearing without prior order of the court. This rule applies in all cases except when there is an emergency or the case is an uncontested adoption. You should use this form to request that the court enter an order authorizing a minor child(ren) to appear at a court proceeding. This form should be typed or printed in.

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Generally, children as young as three or four years old may qualify to testify, but some children are simply too young or too immature to be competent witnesses. In order to determine whether a child is competent, the judge interviews the child, usually in the judge's chambers or in a closed courtroom.

The court must listen to a child who is 14 years or older unless the court determines that it is not in the child's best interest to do so. When a child is under the age of 14, the court must first determine whether or not it is in the child's best interest to listen to him or her.

Family law judges take many other factors into consideration. Until a child is a legal adult at age 18, he or she cannot automatically choose which parent to live with. Cases in which one parent wishes to relocate can also be challenging.

The Florida legislature has not provided a specific age-range to judges, so the discretion really rests with the court to decide. Florida Statute 92.55 provides for the use of witnesses for children that are under 16 years of age and for witnesses that suffer from a mental handicap or have other special needs.

Previously, the family law court had discretion to allow a child to testify, but only as to custody preferences. Now, once a child is over 14 years old, the general rule is that the child may testify as to custody OR visitation, unless the court determines that testimony would not be in the child's best interests.

The person testifying is the defendant in a criminal case: This is an extension of the protection under the Fifth Amendment. Criminal defendants can never be forced to testify. ... This means that in most cases, you can't be forced to testify against your spouse in court.

Yes, a ten year old can testify in court.

A subpoena is a court order that a person appear at a certain time and place to testify in a case. A parent who fails to bring a child to court after the child has been subpoenaed can be found to be in contempt of court, which can result in fines or even jail time. ... You cannot ignore a subpoena.

Yes, the State can compel anyone to testify by way of a subpoena. However, in order for the State to properly force the child, they would actually need to serve the subpoena on a parent or legal guardian to bring the child to court.

A sheriff of any county or any person who is not a party to the case and who is at least 18 years old can serve a subpoena. You are not allowed to serve a subpoena in your own case. For more information about service rules, see Frequently Asked Questions About Service of Process in Maryland.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232