Usually not. Georgia courts rarely put the children of the parties on the witness stand in a divorce, and whether yours testifies is the judge’s decision rather than yours.
The Court Controls It
Uniform Superior Court Rule 24.5(B) provides that “[e]xcept by leave of court, the minor child/children of the parties shall not be permitted to give oral testimony at temporary hearings,” and that such children “will be excluded from the courtroom or other place of hearing.” Nothing obliges a judge to hear from a child at the final hearing either.
A Judge Can Refuse to Hear Your Child
In Moon v. Moon, 277 Ga. 375 (2003), a mother asked the trial court to hear the testimony of the couple’s 14-year-old daughter and 13-year-old son at the final hearing on the divorce petition. The trial court declined. On appeal, the Georgia Supreme Court held that any error in not hearing from the children was harmless in light of the trial court’s finding that the mother was unfit.
Put on the Record What the Child Would Have Said
Moon turned on a second point. The Supreme Court noted that “no proffer was made regarding the content of the children’s testimony.” When nothing in the record shows what a witness would have said, there is nothing for an appellate court to review, and the point is lost.
A Child’s Views Can Reach the Judge Other Ways
Keeping a child off the stand is not the same as keeping the child out of the case. A judge may speak with a child privately in chambers when custody is disputed, a guardian ad litem may investigate and testify, and in narrow circumstances an adult may repeat what a child said out of court. Each has its own rules.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!