If parents divorcing, could children be subpoenaed by a parent if they do not want to be involved in speaking in court?

My parents are starting the divorce process. It is possible that my brothers and I will be subpoenaed by a parent. I know that is ridiculous but if it happens. Is there something we can say or not say that will keep us out of the whole situation? For instance. Pleading the fifth, saying “I’m sorry, I don’t know, I don’t remember”, etc. I heard that if you answer even the question of what is your name then you have to continue to answer everything else, but if you continue to say I don’t know then they can’t do anything. We don’t want to be involved in this. What can we do if subpoenaed?

Asked on June 25, 2012 under Family Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is entirely possible that under the right circumstances a parent could very well have one of his or her children subpoenaed to testify in court with respect to an issue that the trier of fact needs to decide in a marital dissolution situation. Typically this does not happen because parents ususally desire to keep their children removed from such a proceeding.

If you have to testify in court and do not know the answer to the question, simply tell the truth while on the stand. Bottom line is that if you are subponead to testify, you are required to appear under law at the time designated.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.