How in Arkansas can my 11 year old daughter be able to speak in court and tell her fears of her dad? My ex-husband has received his 2nd DUI. He had just gotten out of a 28 day rehab 6 weeks before. My daughter is scared to ride with him. We went back to court but the judge said that he still should have his overnight visitation. My daughter is very worried. She has spoken to her school counselor, but that was not brought up in court. Is there any thing I can do?
First of all, you need to be represented by an attorney and if you are not already, you should call one tomorrow that has lots of practice in family law. Secondly, Judges in our area can sometimes choose to allow a child to testify but an 11 year old is very young for that kind of stressful situation and I think most of the Judges in NW Arkansas would not want her to testify.
However,your attorney should recommend that an attorney be appointed by the Court to represent your daughter and that attorney can and will make the judge aware of her fears and concerns. This attorney, called an attorney ad litem, will also make a recommendation to the Judge about how any future visitation should be handled. Please call your attorney tomorrow.