I live in VT. How old does my 13-yr old twins have to be to talk to court about were they want to live?

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I live in VT. How old does my 13-yr old twins have to be to talk to court about were they want to live?

Asked on March 25, 2009 under Family Law, Vermont

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In terms of whether the court will consider their testimony/opinion/position, try reviewing the following:

http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=15&Chapter=011&Section=00665

 

http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=15&Chapter=011&Section=00669

 

Rule 4 of the Vermont Rules concerning family proceedings may help shed light.  It has to do with the parent coordinator meeting with the child/.

 

See also rule 7:

(e)  The Child as a Witness.   

 
 
 
   
 
 

(1) Child as Subject of the Proceedings.  In all proceedings to which this rule applies in which a party seeks to call as a witness a child who is a subject of the proceeding, the court shall first appoint a guardian ad litem for the child. If the court finds after hearing that the testimony of the child is necessary to assist the court in determining the issue before it, that the evidence sought is not reasonably available by any other means, and that the probative value of the testimony outweighs the potential detriment to the child from being called as a witness, the court may allow the testimony under such conditions as it deems appropriate to protect the child. In no case may the child be called as a witness, either at the hearing on the motion or on the merits, until an attorney has been appointed to represent the child. 


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