As a Family Law Attorney, Shon Cook, Senior Partner of Tabono Law has set herself a part in the legal field with her caring and compassionate work on behalf of all matters in search of the best resolution for everyone. It's often a contentious line of work when it comes to divorce and custody an to find that "best resolution" takes a lot of work by not only those seeking help from an attorney, but the teams behind the attorneys themselves and the courts. What can and can't be admissible in court is part of that and surprisingly, what kids have to say is quite often inadmissible or at least tried to be avoided to keep kids out of the pressure of a trial.
There is a lot of nuance to what kids say. Especially before the age of say, 12 or so. Most of the time, what is heard from a child is inadmissible as it's hearsay. What a child said at one moment in time, often under a stressful situation misinterpreted could cause a reaction that is against one parent or another. It might be that momentary reaction that tries to be admitted, but isn't allowed. Kids too, would face an enormous amount of pressure in the idea of being in front of 2 parents in the middle of a legal battle and having to say things that may or may not be taken one way or another by a parent, and they worry about hurting a parent. It's a lot of thoughtfulness that has gotten the procedures to where they are.
There are too cases when a child may have to give some statements. Preferably, it will be in the Judges Chambers and the questioning should be fairly general and only for the judge to hear. Shon goes above and beyond this week in defining what happens and why if and when a child is involved in litigation. This is one of the best conversations we've had and limiting the written portion of this is intentional because her explanation is so detailed and thorough, you need to listen first hand. When you do, the clarity given will be advice you can use anytime you hear of a child being in court.
If you need the help of an amazing team of Family Law professionals, call 231-894-0909.