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Child Custody in Divorce: Children's Testimony

Under the Rules of Evidence, statements from your children constitutes hearsay. In other words, you cannot testify as to what the children tell you or what really transpires with the children in your home. If your children testify, here is an overview of the procedures and case law.

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While it is never ideal to have children testify, often times its necessary. In order to fully prepare and present a credible case for custody, you should fully discuss these issues with your counsel.

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