How Much Will a Child’s Custody Preferences Be Considered?

You and your child’s other parent may have to have the difficult sit-down conversation with your child to inform them that you plan to part ways. After they process this emotional news, they may return to you and express their preferred living arrangement going forward. While you hold value to their opinion, the final decision on this will ultimately be made by the New York State Family Court judge. With that being said, please continue reading to learn whether your child’s custody preferences will be considered at all, and how an experienced Long Island child custody lawyer at the Law Offices of Jay D. Raxenebrg, P.C., can help their voice be heard. 

How can a judge learn about a child’s custody preferences?

When you enter a custody case with the New State Family Court, a judge may conduct what is known as a Lincoln hearing. Essentially, this is a private interview between a judge and your child, where you, their other parent, and your respective lawyers cannot be present. 

The purpose of this confidential meeting is so that a judge can hear your child’s thoughts on a potential custody arrangement without the stress of testifying in an open courtroom setting. Plus, without the undue pressure of either parent, regardless of whether this intimidation is intentional.

Or, a judge may appoint an attorney for the child (AFC). This attorney may speak with your child privately about their wants and then deliver this message on your child’s behalf during the custody case proceedings. They may also learn your child’s reasoning behind their preferences, and deduce whether the thought process is mature enough to serve as valid grounds.

How much weight will a judge give to a child’s custody preferences?

Of note, a New York State Family Court judge may not simply base their custody decision on your child’s preferences. Similarly, even after an AFC hears your child’s requests for custody, they may advocate for a different outcome during the custody case proceedings. This is because, in short, your child’s wants may be different from their best interests. 

That is, this may be evaluated in conjunction with other evidence of your child’s needs and family dynamics. For example, a judge may look into a child’s school records to determine which parent typically attends parent-teacher conferences, contacts a child’s teacher and school, does pick-ups and drop-offs for a child, etc. 

This may be in addition to witness testimonies by family members and other individuals close to the family. These statements may express which parent they see interacting with a child the most. These pieces of evidence are small indications of a parent’s existing involvement and relationship with a child, which is one of many factors for a child’s best interest. 

At the Law Offices of Jay D. Raxenberg, P.C., we treat every case with kid gloves, and you will notice this upon your initial phone call. So please do not hesitate to allow a skilled Long Island child custody lawyer to represent you in your upcoming case.