My 7yr son wants to testify what can I do so Children Right society & my court appointed attorney will not stop him from testify

Asked about 1 year ago - Walden, NY

grandmother has been abusing my 7 years old son and daughter. she tied a noose around my son's neck and pinched twisted my daughter's mouth causing it to bleed, has slapEtc the court appointed attorney wants me to drop the case saying it will be my hear say, so I said then I want my son to testify to the judge, then the attorney said that I will look bad as a father to allow my son to be put up in court. so I asked my son and told him if he will like to go in court and sit down and talk in front of the judge with the mother and grandmother sitting down looking at you as you talk and he said no he will be shy then I told him there is nothing I can really do then. then my son told me he will sit and talk to the judge because he do not want what the grandmother to do what she did to him again

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20


    Lawyers agree


    Answered . There is no legal bar to prevent a 7 year old from testifying so long as the Judge is convinced after speaking to him that he knows the difference between telling the truth and telling a lie. I find that children often make the best witnesses.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  2. Maria C. Tebano

    Contributor Level 15
    Best Answer
    chosen by asker

    Answered . Who has custody of these children and how is the grandmother involved? Did you report this behavior to CPS? As for your question, you can ask for a Lincoln Hearing and have the children speak directly with the judge with their attorney present. You can require the children to testify at a hearing. Their attorney can object, but if you insist, the judge will permit them to testify in open court, with the attorneys questioning them. What petitions are pending?

  3. Marco Caviglia

    Contributor Level 19


    Lawyers agree

    Answered . Since you posted here, I assume this is a family court proceeding, but why is there no CPS component or criminal proceeding going on? Does the grandmother have custody or court ordered visitation? Anyway, In family court, the judge can interview the child in chambers as part of the trial together with the child's law guardian.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more

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