As in my previous article, here is another one of the "Top Ten Common Myths in Family Law." The entire list is available here:http://www.nataliegregg.com/top-ten-myths-in-family-law/
Myth #8:
We’ll just call the kids at trial as witnesses and ask them what they think!
Putting children in the middle of litigation is only going to accomplish two things, and one will not be winning. First, you are going to really anger the judge by inserting your child in this mud-slinging contest over custody. Second, you are going to damage your children by asking them to be witnesses against their own parents. While it seems reasonable to ask the children to choose where they want to live, most kids will answer under coercion in exchange for an iPod, a new Mustang or even twenty dollars cash.
There are Affidavits of Choice that children 12 and older can sign to designate the parent with whom they wish to reside primarily, but they are no guarantee. Likewise, there is a Motion to Confer with Children that may be used to accomplish the goal of judges interviewing children and discovering their opinions prior to making orders. Under the Texas Family Code, the judge shall meet with the children if such a motion is made. In reality, some judges may outright refuse to interview the children, or order them to be interviewed by Family Court Services or a psychologist who can then report back to the judge.
To read about the other commonly held myths related to family law, click here.
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