It mainly depends on the child's actual condition and how old they are.
Any or all of them can petition the court to remove the executor.
Generally speaking anyone can be asked to testify. Though someone can be ruled as medically or mentally unable or incompetent to testify.
You file a child in need of care motion with the court.
Age 10
mental health court
Refer to rsmo 491
you go to court and testify
This relative would have to petition the court for custody/guardianship. Of course, they would have to prove to the court that the mother is mentally unstable/unfit. And, even if that is proven, it's not an automatic guarantee that the court would award custody/guardianship to the relative. The court does have the option of placing the minor under state care. If you are in an unsafe environment, then call the authorities!
if you are not called into court, you will not have to testify
No, a defendant does not have to testify in court. It is their constitutional right to remain silent and not incriminate themselves.
No, the defendant does not have to testify in court. It is their constitutional right to remain silent and not incriminate themselves.
Any witness may testify in a criminal trial, the competency would be determined by the cross examination. You would have to further define what you mean by "competent?"Added: If the witness has previously been declared mentally incompetent by the court or by psychiatric exam, it is doubtful that the opposing attorney would even allow the individual to give testimony without challenging their status to the court.