Does a child of divorce have to testify as witness?

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Does a child of divorce have to testify as witness?

I’m 20 years old and my mother is trying to subpoena me to be her witness in court, as she’s accusing my

dad of certain things. I’ve avoided her phone calls so far but when they find me, do I have the right to refuse?

Asked on February 21, 2019 under Family Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you do not have the right to refuse. There is no "privilege" allowing an adult child to decline to testify against his or her parents, the way there is a "spousal" privilege allowing one spouse to, if he or she chooses, refuse to testify against a spouse. If subpoenaed, you must testify on pain of contempt of court.


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