Monthly Archives December 2012


Often times in the neglect and abuse, termination of parental rights, and adoption litigation — the child’s testimony can tip the scale one way or another.  Under the adoption statute, the child’s position, if the child is fourteen or older, shall be considered by the court.  Under the TPR statute, §16-2353(b)(2)&(4); mental and emotional needs of the child as well as the child’s opinion as to his/her best interest are both codified.  In child custody cases, the child’s opinion as to his/her physical custodian is one of the statutory elements, §16-914(3)(B).  Regardless, in family cases, the litigants face resistance from
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