Coleman v. Coleman, Ky COA, Child as Witness

Coleman v. Coleman, 2010-CA-000277-ME

Published:   Vacating and Remanding

County: Washington

 

Statute allowing judge to interview child regarding child’s wishes in custody proceedings is permissive rather than mandatory; FC therefore did not abuse its discretion in refusing to interview child.  However, FC erred in not allowing child to testify without first conducting a hearing regarding child’s competency to testify, as all persons are qualified to testify and presumed competent to do so unless trial court make a specific finding of incompetency. If child is found to be competent, trial court may maintain control over interrogation and protect witnesses from harassment and undue embarrassment under KRE 611(a)(3). 

 

Digested by Michelle Eisenmenger Mapes, Diana L. Skaggs + Associates