Something your ex is doing is not right. But it’s not physical violence. There are no marks or bruises. Perhaps you may call it “emotional abuse” of the children, or maybe it’s less than that but still harmful. But what does that mean and how do you prove it?
In local courts, children typically do not testify. Although a party may call any witness it wants, judges generally frown on child witnesses. Forcing your child to testify and be subject to cross examination is considered a form of abuse.
Can you tell the judge what your child said to you? Typically not, as that is hearsay, an out of court statement offered for the truth of the matter, and is not allowed.
So how is the child’s story told? A skilled attorney can use several resources to bring the child’s voice into the courtroom.
Video or audio of the child may be allowed, although the court and your ex’s attorney may question your motives in making such recordings, so great care must be taken if such evidence is used.
A better way may be to ask the court to order the family members to attend sessions with an independent therapist to figure out what is going on. That therapist can later be a witness before the court. The Fox Law Office knows several therapists who do this type of work, and our firm is skilled at handling such cases.
Child custody evaluations, home visits by social workers, and appointments of attorney ad litems are also excellent tools to develop useful psychological evidence to serve the best interests of children.
Please call the Fox Law Office at (469)322-9238 or visit foxlawdfw.com for more information.