Can a child testify in a child custody case?

In Virginia, a child can testify in a child custody case, but only by court order. According to The Code of Virginia, Section 20-124.2, a child may be allowed to testify as a witness if a court finds, after a hearing, that the testimony would serve the best interests of the child. The court must also find that the emotional and psychological maturity of the child is such that the child can reasonably comprehend the nature and duties of a witness. There must also be no other available evidence to address the issues in the case. If a court decides to allow a child to testify, the court must decide on the extent to which the child should be questioned by the court and the attorneys, and the court can also decide to keep the proceedings closed to the public. Additionally, the court may appoint a guardian ad litem or other qualified attorney to represent the interests of the child in the proceedings.

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Can a child testify in a child custody case?

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