FCR 13, VIDEO: Family Court silences the children it claims to protect
only one U.S. state trusts teens to speak for themselves in custody hearings
Across the U.S., American teenagers have the right to drive cars, get jobs, consent to sex, and seek healthcare—all without the permission or oversight of a parent. In Family Court however, there is often no distinction between a 17-year-old and a 7-year-old, as youth under 18 are silenced in custody and domestic violence hearings in nearly every state.
In cases involving disputed child abuse allegations against a parent, the muzzling of youth in Family Court means that the ones most equipped to untangle allegations from denials, are the only ones who are not allowed to speak.
Georgia remains the only state in the Union that explicitly codifies the rights of youth under 18 to be heard in Family Court during custody disputes and residential schedule hearings. According to Georgia law, youth 14 or older have the right to select the parent they want to live with, “unless the parent so selected is determined not to be in the best interests of the child.” From ages 11 - 13, judges “shall consider the desires and educational needs of the child in determining which parent shall have custody.”
In cases of domestic violence between parents, Georgia Superior Court Rule 24.5B states that minor children of the parties are not permitted to give oral testimony as witnesses to the DV. However, if child custody is in dispute in cases involving DV, then children under 18 can be asked to consult with the court. “At any such consultation, attorneys for both parties may be in attendance but shall not interrogate such child/children except by express permission from the court. Upon request, the proceedings in chambers shall be recorded.”
In almost all other states, youth under 18 are not allowed to testify or submit written declarations in any Family Court matters and their custody preferences are disregarded. In fact, in states like Washington, youth are not even allowed to be present in the courtroom for the Family Court hearings that determine nearly every aspect of their lives—from where they sleep at night, to which parent decides where and if they attend school.
In this Reporter Q&A, The Family Court Report founder Kristin Leong joins our 2023-24 Reporting Fellow Jinie Chon in exploring the inconsistencies of legal age laws in the U.S. from California to Florida, while imagining what it will take to reform our justice system to protect families and empower youth voices.
Do you have questions about Family Court for Jinie’s next Q&A? Ideas for a collaboration? Just want to send us a love letter? Feel free to comment below, reply to this email if it landed in your inbox (we see and appreciate you, Subscribers 💜), or send us a note to kristin@familycourtreport.org.
Further reading: This 2019 study published by the National Library of Medicine found that cognitive capacity reaches adult levels by age 16. ⬛
Everyone deserves to be safe. If you or someone you care about is experiencing domestic violence, you can find free and confidential support and resources through The National Domestic Violence Hotline. Call 1-800-799-SAFE (7233) or text “START” to 88788.
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