Can my daughter testify in a relocation case?

Question:

Can my daughter testify in a relocation case?

I share custody of my 5 year old daughter with my ex boyfriend. I married my husband last year and he is in the military. He just got stationed in Alabama, so needless to say I am trying to relocate with my daughter.


I picked my daughter up today from her father. My daughter started telling me things that she had seen and heard at her dads house, sexual activities between her father and her step mother. She is saying that she sees and hears them in the bedroom, that her dad touches her mom in her private area, etc. I am completely appalled at this behavior from her father. I am now in the position of having to explain sex to my 5 year old, obviously in terms she understands and not in detail.

Can I do anything???

Answer:

If dad is having sex in front of a 5 year child, you should call the police and CPS, that being a different issue from the Relocation matter.

You should immediately consult with an experienced family law attorney about the Relocation matter. These are very difficult to win in cases where both parents see the child on a regular basis. There is a notification requirement, however, before you give him the required written notification, consult with an attorney regarding your chances of winning, as it is possible that dad could end up as the residential parent if you lose.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley wide:
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