We have twins age 10 and an adult child age 19. We have all been subjected to abuse and reaching our breaking point. Mom said she would lie and acuse me of all wrong doing if I were to fight her for custody if i was to file for divorce.
Both parties do not have to consent, thus, if you wanted to call your 19 year old as a witness, you can do that even if your wife does not want the 19 year old to testify. However, she will be able to cross-examine the 19 year old. And children under age 14 rarely testify, so you should not have much concern about the 10 year old twins.
Ms. Reeves’ responses are being provided for general informational purposes only and are not intended to be construed as, and should not be construed as, comprehensive or complete legal advice/opinion. Information provided by Ms. Reeves is based solely on the limited facts provided, and it is important to note that various additional facts/factors can significantly impact the outcome of a case. No attorney-client relationship has been established and will not be established without a written Attorney-Client Fee Agreement, signed by both the attorney and client, as well as other additional requirements.
Oftentimes an expert is appointed to advise the court. In these instances the minors may be interviewed and their thoughts brought in front of the court. In some instances, they could testify directly too, albeit rare.
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