Q: What to file to have a pre-teen heard in divorce hearing. No attornew involved
Children removed from state less than 6 month's prior to filing. Parent has been aligned from younger children . Older one wants to stay with Father.
A: This type of testimony is best included as part of a CFI report. Minors are presumed legally incompetent, so there are additional hurdles usually associated with listing a minor on a witness list, like a regular witness. Also be aware that many judges greatly disfavor having a minor choose a parent in open court. That said, if you want a child to testify, include the child on the standard pre-trial witness form (this can be found on the CO Courts webpage under self help forms--look under "Family Cases"
A: To have a child speak to the judge in an in-chambers interview you would need to file a motion pursuant to C.R.S. 14-10-126. Keep in mind that most courts frown upon children coming to court. Also keep in mind, which it sounds like you already know, that statements of a child are normally going to be "hearsay" and not admissible in court. The normal way that courts hear from children is through a child and family investigator, who would investigate, including talking to the child, and would issue a report, which could include the child's wishes. You should consult with an attorney to more appropriately assess your situation and what you should do.
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