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    helplynda's Avatar
    helplynda Posts: 3, Reputation: 1
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    #1

    Feb 10, 2010, 01:52 AM
    Can my 12 year old son be my witness in court to prove my daughters father unfit
    I have a 2 month old and a 20 month old , their father has not lived with me for longer than 1 month in a stretch of 4 years. I got enough strenth to get him away from my home for good, due to his very abusive behavior. He kept me very iscolated from friends and family, so no one ever seen the things he has done or that he made me do for things like formula and diapers. My 12 year old son lives with me and knows a lot. My ex is now taking me to court with a lawyer that his parents are paying for, to try and get custody and or visitations. His parents have not wanted anything to do with my babies until now, because they don't like me. Now that we are broke up they want to be grandparents, they also have contributed to neglect and or abuse, my 15 year old son was living with me all but 1 year, can they be used as witnesses in court?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Feb 10, 2010, 09:45 AM
    Quote Originally Posted by helplynda View Post
    I have a 2 month old and a 20 month old , thier father has not lived with me for longer than 1 month in a stretch of 4 years. I got enough strenth to get him away from my home for good, due to his very abusive behavior. He kept me very iscolated from friends and family, so noone ever seen the things he has done or that he made me do for things like formula and diapers. My 12 year old son lives with me and knows alot. My ex is now taking me to court with a lawyer that his parents are paying for, to try and get custody and or visitations. his parents have not wanted anything to do with my babies until now, because they don't like me. now that we are broke up they want to be grandparents, they also have contributed to neglect and or abuse, my 15 year old son was living with me all but 1 year, can they be used as witnesses in court?
    Just to clarify, you have a total of four children - a 15-year-old, a 12-year-old, a 20-month-old and a 2-month-old. The youngest share the same father, correct?

    I don't know that the courts will allow two minor children to be witnesses in a family law case. You state that your ex was abusive; do you have evidence of this? Were the police called at any point while he was abusing you?

    Odds are that the father will not be granted primary placement of the child(ren) he shares with you, especially with them being so young. If there is no evidence of abuse or neglect on either part, you will most likely be given joint custody with him receiving visitation. He will also have to pay you child support.

    What state is this in?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Feb 10, 2010, 02:02 PM

    How exactly do you mean witness? Did they see something or hear it? Or is it something you told them?
    helplynda's Avatar
    helplynda Posts: 3, Reputation: 1
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    #4

    Feb 11, 2010, 07:21 PM
    Quote Originally Posted by califdadof3 View Post
    How exactly do you mean witness? Did they see something or hear it? Or is it something you told them?
    Yes My twelve year old has seen the abuse on several accounts, and my 15 year old was recently kicked by my ex when we were just trying to get our vehicle!
    helplynda's Avatar
    helplynda Posts: 3, Reputation: 1
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    #5

    Feb 11, 2010, 07:24 PM
    Quote Originally Posted by this8384 View Post
    Just to clarify, you have a total of four children - a 15-year-old, a 12-year-old, a 20-month-old and a 2-month-old. The youngest share the same father, correct?

    I don't know that the courts will allow two minor children to be witnesses in a family law case. You state that your ex was abusive; do you have evidence of this? Were the police called at any point while he was abusing you?

    Odds are that the father will not be granted primary placement of the child(ren) he shares with you, especially with them being so young. If there is no evidence of abuse or neglect on either part, you will most likely be given joint custody with him receiving visitation. He will also have to pay you child support.

    What state is this in?
    This is California and yes I had 2 boys 12 and 15 bfore we were together, now I have 2 Girls with him.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Feb 11, 2010, 07:27 PM

    It5s possible the judge may want to interview the 12 yr old alone before deciding to let him testify. The 15 yr old is more likely to be allowed to testify.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #7

    Feb 11, 2010, 07:28 PM

    Your only real answer would be to ask for a parental evaluation. That way the allegations could be looked into and sorted out. Because the first thing from his side is going to be you coerced the children into saying it.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Feb 11, 2010, 07:41 PM

    12 us a maybe age, some judges wlll talk to them ( often alone) or may have a cousler to talk to them and advise the court on if they should be allowed to talk with the judge.

    Other judges will not talk to a child that age.

    He will get visits, the only issue will be if you can get it supervised or not.
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