Child's Testimony in Custody Cases

Child custody cases can be emotionally draining for even the most mature and level-headed adult. If custody is contested, damaging or embarrassing evidence can be made public, and the courtroom climate can become electric. The last thing you want to do is expose your child -- the focus of the case -- to such an emotionally exhausting environment, and in most cases you should take every portion inherent to protect your child from this kind of unpleasantness. However, children are occasionally called upon to testify; sometimes it is unavoidable, and it can even be to your child's benefit.

There is no established age at which a child may or may not testify in a custody case, and distinct U.S. States supervene distinct guidelines in this regard. Obviously, the older a child is, the more likely a judge will be to take the child's thought or preference into account; a child's thought may begin to carry some weight with a judge at age twelve or thirteen. If a child of this age or older has a clear preference as to either he or she wishes to live with mom or dad, some states will allow the child to sign an "affidavit of preference" and present this affidavit to the judge. The judge then will have substantial latitude in how much weight to assign to such an affidavit, relative to other evidence presented before the court.

Child

Most important, a child should not be pressured into signing an affidavit of preference, or expressing a preference in some other, more direct way. The child should be permitted to present an affidavit or verbal testimony only if he or she for real volunteers to do so, and even then only if all parties agree that that child's testimony will have some sure bearing on the case. A judge must considered equilibrium two factors. First, forcing a teenager to live in one home when he or she clearly prefers to live in an additional one can lead to more serious family problems, and hearing the teenager out may be to everyone's benefit. But second, a judge must be meticulous not to place a child in a position where he or she must right on select one parent over another. These two factors are contradictory, and insofar as each custody case is unique, a judge must considered weigh all the evidence and options before choosing how to proceed.

The next step up, in terms of a child presenting testimony, would be calling the child in to speak conspiratorially with a judge in chambers. Attorneys and parents are ordinarily excluded, so the child can feel free to speak for real without fear of displeasing one or the other parent; if attorneys are present, they are barred from sharing the child's comments with either parent. However, the data presented in chambers might not remain confidential; in fact, if the child's comments in chambers substantially sway a judge's eventual decision, they may become part of the record.

The most direct way to receive a child's testimony is to introduce the child as a study before the court. If the child is directly questioned by either or both sides' attorneys, the judge may require the attorneys to submit their questions beforehand for approval; questions commonly concern a child's competence, and a child's custodial preference. The judge will have final say in how much weight should be given to a child's testimony; the testimony of older and more mature children, obviously, will be given more weight.

The judge, also, will spend time determining the competence of a child. Some judges will effort to glean a child's comprehension of the thought of "truth": either the child can differentiate in the middle of a true statement and a lie. Judges may also effort to gauge a child's vocabulary level, to decree either the child is able to effectively express himself or herself. This kind of "testing of the waters" is often done through mundane small talk, which has the added benefit of setting the child at ease.

In the end, a judge recognizes that a child's testimony can be unpredictable; a child may say distinct things to each parent, to the judge conspiratorially in chambers, and to an open court. This may be a supervene of a child's wishing to please all parties, or may simply be a reflection of the child's own conflicting feelings. In any case, if you believe your child may wish to testify but you have strong reservations about it, be sure to express your doubts to the judge, either through your lawyer or directly, depending on the circumstances. A courtroom touch will likely have long-lasting emotional effects on your child, and your original accountability as a parent in these cases is to protect your child as much as inherent from emotional trauma.

Child's Testimony in Custody Cases

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A Child's Best Interests Under the New Pa Child Custody Law

Under the new Pa child custody law, sufficient January 23, 2011, the statute enumerates factors for courts to think in ordering any form of custody. The court shall determine the best interests of the child by considering all relevant factors, giving weighted notice to those factors which influence the protection of the child, along with the following:

which party is more likely to encourage and permit frequent and lasting caress in the middle of the child and other party; the present and past abuse committed by a party or member of the party's household, whether there is a prolonged risk of harm to the child or an abused party and which party can good contribute sufficient corporeal safeguards and management of the child; the parental duties performed by each party on behalf of the child; the need for stability and continuity in the child's education, house life and society life; the availability of extended family; the child's sibling relationships; the well-reasoned preference of the child, based on the child's maturity and judgment; the attempts of a parent to turn the child against the other parent, excepting cases of domestic violence where reasonable protection measures are necessary to protect the child from harm; which party is more likely to enounce a loving, stable, consistent and nurturing association with the child sufficient for the child's emotional needs; which party is more likely to attend to the daily physical, emotional, developmental, educational and extra needs of the child; the proximity of the residences of the parties; each party's availability to care for the child or ability to make suitable child-care arrangements; the level of friction in the middle of the parties and the willingness and ability of the parties to cooperate with one another. A party's exertion to protect a child from abuse by other party is not evidence of unwillingness or inability to cooperate with that party; the history of drug or alcohol abuse of a party or member of a party's household; the thinking and corporeal health of a party or member of party's household; and any other relevant factor.

Child

All child custody cases are unique and single concentration must be given to these factors in determining how a court will most likely view a single custody arrangement. It is all the time recommended to speak to an experienced Pennsylvania house law attorney for all child custody matters.

A Child's Best Interests Under the New Pa Child Custody Law

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The effect the Environment Has on Your Child's increase

Recent studies conducted at Cornell University advise negative environmental effects can and do have a marked sway on your child's cognitive and developmental growth.

On the flip-side, however, exposure to pleasant, natural settings, like the garden Route of the Cape or the pristine South African bush have quite the opposite, and a rather therapeutic, succeed on the extensive well being of any child.

Child

A foremost environmental and developmental psychologist, Dr Gary Evans, has earmarked a handful of elements that have a requisite succeed on children's extensive development and they include noise levels, overcrowding and housing and neighbourhood potential - most of which do not pertain to whether golf course living or the coveted seaside lifestyle of our coastal regions.

Noise

Ongoing exposure to unacceptably high levels of noise, be they traffic noises or naturally music, has been proven to sway a child's reading ability, attention levels and even physiological indicators. Apart from long term memory problems, a child may also show signs of high blood pressure and even a rise in stress hormones.

Overcrowding

Overcrowding, whether in your dwelling place or the neighbourhood, is a no-no if you wish your child to reach his or her full potential. Interpersonal relationships will obviously be put under added pressure and the insecure child may well withdraw totally as a means of coping with the spatial constraints.

Quality of the neighbourhood

But it is the housing and potential of the neighbourhood that probably has the most profound succeed on the increase of your child. Families who live in high rise structure as opposed to a family resort or a particular family home on a golf resort, for instance, will have fewer relationships with neighbours and consequently far less social support.

Even the potential of municipal services, recreational opportunities and the access to transport will sway your child whether favourably or adversely. Can you imagine the heights any child will attain if they are brought up in a safe, acquire environment like a golf asset near George or Cape Town where there are indubitably dozens of enchanting outdoor activities on tap?

Increase in the incidence of childhood diseases

What is more frightening, however, is that children are far more vulnerable to exposure to pesticides, heavy metals and other forms of chemical pollution as indicated by the increased incidence of diseases directly related to environmental effects. These include asthma, autism, attention deficit action disorder and even childhood cancer.

In fact, it has been suggested that over 80% of all developmental disorders in childhood are a direct succeed of exposure to negative environmental elements. Need any more persuading to pack the bags and family and move lock, stock and barrel to the safe and nurturing environment of the golf estates, small holdings or balmy beach towns?

The effect the Environment Has on Your Child's increase

(En Español) Keep track of your child's vaccines with ImmTrac.

(En Español) Keep track of your child's vaccines with ImmTrac. Video Clips. Duration : 4.75 Mins.

This video provides information for expectant parents and new mothers about the benefits of keeping track of their childs immunizations through ImmTrac, the Texas immunization registry. It encourages parents to register their newborn in ImmTrac before leaving the hospital. tinyurl.com www.immunizetexas.com

Tags: pregnant, pregnancy, infant, baby, mother, immunization, Texas, registry, immtrac, prenatal, birth, immunize, shots, records, healthy, vaccinate, vaccinations, shot record, shot schedule

Easing Your Child's Fear of Shots

Many children have a fear of shots. And many parents have dealt with the agony of keeping a screaming child down while a nurse pokes them with a needle. But shots are considerable for a child's condition and well-being. If the mere mention of the doctor's office sends your child into a panic, then plan ahead for those visits that wish shots.

Talk to Your Child About the significance of Immunizations

Child Immunization Schedule

Be sure and talk to your child about how foremost immunizations are for them. Tell them immunizations help keep them from getting of course sick. Put it in terms that they can understand such as immunizations help keep the bad germs out that make them sick and if they get sick they won't be able go surface and play or go swimming. Be honest with your child. Let them know that shots do hurt but only for a very short duration of time and if they get sick it will last for a lot longer.

Numb the Injection Site

Ask your physician for a designate for a topical anesthetic cream that you can apply to the injection site. The cream needs time to take effect, so apply it about an hour before the scheduled vaccine. You can also try applying an ice pack to the injection site a few minutes before shot time can take the sting out of shots.

Massage the Injection Site

Shots hurt less when the skin and muscles nearby the injection site are relaxed. Just before needle time, hold your child on your lap and slowly massage the injection site.

Distract Your Child

Sometimes you can ease the pain of the injection by distracting the child with another activity. You can blow some bubbles, read a story, let them listen to music on a headset, or bring along a movable Dvd player with their favorite movie.

Offer a Reward

Some children will stay calm and get their shots without a fit if you offer them some incentive. You can tell them you will take them to the park, take them to get ice cream, or buy them a special toy.

Spread Out Your Visits

Many times three, four, or even five shots may be required to keep your child's immunizations on schedule. Instead of having your child get all the shots at once maybe they could be spread out over time. However, with some children it might be a better idea to get them all done and over with at once instead of prolonging it.

Other Techniques

Some of the newer vaccines are packaged in combinations that wish fewer injections. Talk with your pediatrician about what's best for your child. For the every year flu vaccinations, there is a mist offered that is given straight through the nose instead of an injection. This might eliminate one every year shot.

Another selection if your child is receiving more than one vaccination, is to ask if two nurses can give the injections at the same time. Some children grow out of their fear of shots, while others never do and grow up to be adults with this phobia. However, it is wise to find out what works best to calm your child so that they can get these much-needed immunizations.

Easing Your Child's Fear of Shots