Coleman v. Coleman, Ky COA, Child as Witness

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

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  

Recent Posts

Watch Partner Elizabeth Howell go Over the Edge for Gilda’s Club Kentuckiana!
July 10, 2023
Kentucky Court of Appeals Affirms Fayette Family Court Orders Finding Mother’s Choice in Schools Outside the Residential County to be Unreasonable and Awarding Attorney’s Fees
June 20, 2023
Kentucky Supreme Court Reverses and Remands Order Holding Non-Party Responsible for Attorney’s Fees Due to Non-Compliance with Subpoena
June 20, 2023