What Is The Role Of Child Hearsay In A Custody Trial in Oklahoma

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When going through a child custody trial in Oklahoma, emotions run high, and every piece of evidence can feel like it could tip the scales. One question that often arises is: what happens if your child says something important outside of court? This is where the concept of child hearsay comes into play. Let’s break it down so you understand how it could impact your case.

What Is Hearsay In Family Court?

In legal terms, hearsay is when someone repeats what they heard another person say, instead of the person who made the statement testifying directly. Hearsay refers to out of court statements made for the purpose of proving the matter at issue. For example, if a teacher says, “The child told me their parent was mean to them,” the child’s statement is hearsay. The rules of evidence in Oklahoma do not allow hearsay statements unless the statement meets a narrow group of exceptions.

Child Hearsay Can Really Matter in a Custody Case

Child hearsay can play a critical role in child custody trials. This is because children may share important information with teachers, counselors, or relatives. For example, a child might tell their teacher that they feel unsafe at one parent’s home or that they are happier with the other parent. Since custody decisions are made based on the best interests of the child, the court may consider these statements under certain conditions.

When Is Child Hearsay Allowed in Oklahoma?

In Oklahoma, child hearsay is not automatically allowed in court. The judge must decide whether the statement is reliable and whether it’s necessary to consider it. Here are some common factors the court looks at:

  1. Age of the Child
    Younger children may be seen as less reliable because they are more impressionable or may not fully understand the situation.
  2. Circumstances of the Statement
    The court considers how and when the statement was made. For instance, did the child say it spontaneously, or were they pressured or coached to say it?
  3. The Importance of the Statement
    If the statement is critical to determining the child’s safety or well-being, the court may be more inclined to allow it.
  4. Alternative Ways to Get the Information
    If the same information can be obtained from other witnesses or through other discovery tools, the court might not rely on hearsay.

The Role of Professionals in Child Hearsay

In many custody cases, professionals like counselors, social workers, or teachers are the ones who report child hearsay. Their testimony can carry weight because they are considered neutral parties who have the child’s best interests in mind. For example:

  • A counselor might testify about statements a child made during therapy sessions.
  • A teacher might share something the child said about their home life.

If these professionals testify about what they heard, their input can influence the judge’s decision.

How to Handle Child Hearsay in Your Case

If you believe your child has made statements that could impact your custody case, here are some steps to take:

  1. Document Everything
    Keep records of what your child has said and when. If the statements were made to a teacher, counselor, or other professional, note the details. I tell my clients to always document or keep a log of all the events that impact custody in your case.
  2. Speak to Your Attorney
    An experienced family law attorney can determine whether the child hearsay is likely to be admitted in court and how it can help your case. Trial attorneys understand hearsay rules in Oklahoma and how they can impact your case.
  3. Avoid Coaching or Pressuring Your Child
    Coaching your child in a custody matter is an absolute no no. Courts are quick to dismiss statements if they believe a child has been coached. It’s important to let your child express themselves naturally.
  4. Consider a Guardian ad Litem
    In some cases, the court may appoint a guardian ad litem (GAL) to represent your child’s interests. The GAL may interview the child and report their findings to the court. The court can appoint the GAL or your attorney can file a motion in the court requesting the GAL

Get A Free Legal Consultation

Child hearsay can be a powerful factor in custody trials in Oklahoma, but it’s not a guarantee that the court will consider everything your child says. Judges weigh many factors to ensure their decision is based on reliable, fair, and credible evidence. If you’re facing a custody trial and have concerns about your child’s statements or how they might affect your case, it’s essential to have a knowledgeable Oklahoma family law attorney by your side. Get a free consultation by reaching out to the Tulsa attorneys at Kania Law Office 918.743.2233. Or follow this link to ask a free on line child custody question.

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