Children are always to be protected as much as possible in a divorce or child custody case. It rarely serves either client well if the minor children are brought into court to testify against a parent.
There are of course exceptions but as a general rule it is not advised. Younger children do not make good witnesses as they want to please both parents and may not understand what is going on and obviously court can be intimidating and terrifying for a child.
Most Judges do not like the idea of children being drawn into a divorce hearing. Children are harmless in a divorce and not at fault. However some instances a minor child’s testimony as to his or her personal desires are allowed. There is no magic age number in Alabama that allows a minor child to choose which parent they would rather live with. Their choice along with their age and maturity are factors to be considered by the Judge in conjunction with many other relevant facts in his determination of what is in the minor child’s best interests.
