Legal Question in Family Law in Minnesota

My 4 year old son told me last evening, "she pushed me in the bushes & hurt me." The only realistic person he could ne refering to is his mother who has been out of the picture for a year so this happened over a year ago. I need to know if over a year is too long to do anything. I also need to know if the statement of a 4 year old is admissible. He didn't give a detail of what the "hurt" was but the statement & look of fear & saddness told me something was off. I have sole legal & physical custody of him. There is documentation about the mother with the court that i presented at the custody hearing. So i need to know these answers. Please.

Asked on 5/15/13, 7:43 pm

1 Answer from Attorneys

Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC
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Hello. Your post raises several questions that I would want to ask of you prior to providing you with specific legal advice. If you have concern that your son may be in immediate danger of some sort, you should closely supervise him and otherwise take appropriate action. If you are concerned your child is experiencing psychological distress you should alert his medical care provider. If you are asking whether a 4 year old would testify in a court, the issue is whether the child has the competency to be a witness. I have never seen a 4 year old testify. I urge you to seek private attorney counsel at this time. Some attorneys, myself included, will confer for free, at no charge. Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for need. All the best.

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5/16/13, 6:19 am

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