Skip to main content

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

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

+ Read More

Attorney answers 3

Best Answer

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?


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 named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


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 educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.



the Children’s Right’s Society, the CPS and the other attorney and who work hand in hand with each other and just want the case to move on with no real justice or solution to what suffering my children has gone thru. I just spoke to my court appointed attorney on Wednesday July 10, 2013 by the name of attorney XXXX. And during our consultation he tried so hard to get me to drop both cases I have pending. He has no compassion and is really not interested or cares about the suffering my children has went thru. It is obvious that he spoke to his fellow attorney’s and he is just trying to make life easy for himself by not having to trial my children’s case. My children have been violated and my court appointed attorney wants me to settle and act as no violations to my children has occurred. I want to put my 7 years old son on stand so he can tell the Judge what happen to him and the court appointed attorney is telling me that he do not want to do it because it will make me look bad as a father to do so. He also stated that the Children’s Right’s Society attorney may not allow that to happen. After speaking with the attorney I realized that one day of my son having to DEAL WITH TALKING IN COURT TO THE JUDGE IS WAY BETTER THAN THE DAYS AND NIGHTS HE IS BEING ABUSED BY HIS GRANDMOTHER, every time he stays at his mother‘s home. Plus when I told my son what happen my son said he do not mind talking to the Judge because he does not want the grandmother to abuse him like that again. AND TO ME THAT IS MORE THAN ENOUGH REASON TO HAVE MY SON TAKE THE STAND. The attorney’s, CPS, Children’s Rights Society, the appointed psychologist all work hand in hand and want to label me as a disgruntle ex-husband which is far from the truth, I am perfectly happy with my divorce and plan to remarry a very loving and caring woman. The children’s rights society has been biased and want nothing to do with me and has only called the mother to come in with my children while attempting to block me from bringing in the children as I did before. I went and complained to my local police department about what the grand mother did to my son and they said there is pretty much nothing they can do about it. I would like to see if you can bring the grandmother up on criminal charges on the grandmother for her physical abuse she put my son and daughter thru.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer