Florida Order Granting Motion for Testimony and Attendance of Minor Children
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How to fill out Florida Order Granting Motion For Testimony And Attendance Of Minor Children?
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FAQ
In Florida, the age a child can choose a parent to live with will depend on the child's overall maturity. Unlike other states, in Florida, there is no particular age when courts must consider a child's preference.
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.
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.
A: California Evidence Code Section 700 says, Except as otherwise provided by statute, every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter. So, yes, your child could have his deposition taken, but if you are the appointed guardian ad litem (discussed
Any party to the case can be deposed during the discovery phase. A party can be either a person or an organization. In the event that the party is an organization, employees or other people with knowledge of the events may be deposed.
California does not have a minimum age requirement in order for a child to be permitted to testify in court. Instead, judges are given discretion to determine whether a child is competent to testify.When asked by a court evaluator who told him to say that his father hit his mother, he answered, my mommy.
A child cannot choose which parent they want to live until they are 18-years-old. As they get older, however, their opinion can have a greater weight with the court.
The majority of judges feel that a child's testimony should be elicited at no sooner than 13 years of age. The Florida legislature has not provided a specific age-range to judges, so the discretion really rests with the court to decide.
A child cannot choose which parent they want to live until they are 18-years-old. As they get older, however, their opinion can have a greater weight with the court.