Subpoena a minor

Can I subpoena my minor child to a custody case between his father and I? His father is trying to silence him and it’s not right. The child is 6 and is fully aware of what’s going on and actually requested to talk to a judge.

You can subpoena anyone to be your witness at trial but you would be unable to serve a subpoena on a minor child.

Instead, you can bring your child to court to testify, but it is very, very unusual for a 6 year-old to testify and some judges simply won’t allow it because they are much too young.

Oftentimes you can prove what the other parent is doing without needing the child to testify. This can be done by other third parties testifying, recordings, therapists testifying, copies of text messages, etc.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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