“A child can testify in a custody case like any other competent witness can testify in any court case, the issue is going to be, how is it relevant? If the child is old enough wants to indicate their custodial preference, meaning at least 14 years of age and the court wants to hear it, that child could testify in court as to that issue.

A child could also testify in court if they were a percipient witness, meaning they saw something they saw something happen between the parents. They were witnesses to something that would be relevant to the issue of custody. Certainly that might be another circumstance.

Generally speaking, the court does not like to have minor children testify and if they do the court has a variety of options to safeguard the child and testimony, that’s well within their discretion and it’s often Court specific.

Generally speaking the courts, the attorneys, and the parents don’t like to have minor children testify in family court if they can avoid it so if you’re going to do something like that, you should talk to somebody in the know and figure out if it makes sense and if it’s really necessary because if it’s not, you probably should avoid it.”