Hudson, OH asked in Family Law and Child Custody for Ohio

Q: Will subpoenaing my 10 year old daughter's upset the magistrate and hurt my chances?

I have court on the 27th and my last resort is to put my daughter's on the stand to tell their side of the story and how they are treated. Even after proving domestic violence in the home the magistrate still would not grant me temporary custody. they should have never been removed from my care in the first place.

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1 Lawyer Answer
Nicholas P. Weiss
Nicholas P. Weiss
  • Divorce Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: If this is a child custody matter then your daughter cannot testify. Instead, you should seek to have the court conduct an in camera interview with the child. The judge will speak with the child and the GAL alone and ask about how she is treated. Her testimony will not be allowed in open court.

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