During a divorce, parents of minor children might become engaged in a serious conflict over child custody and visitation terms. Though it is almost always optimal to reach agreement on these issues, there are situations where the gap between parties cannot be bridged. In these cases, the decision goes before the judge, who considers a number of statutory factors, along with any other information they believe to be pertinent, in order to decide what is in the youth’s best interests.
Depending on the child’s age and maturity, their preference could be quite influential in the judge’s ruling. However, this creates other potential concerns. Putting a son or daughter in a position to choose one parent over the other can pose emotional and psychological challenges. Doing so in open court with their parents, lawyers and others watching might make the situation even worse.
Recognizing the need for a more child-friendly approach, New York judges are permitted to hold Lincoln hearings in their chambers to ascertain a child’s perspective without the pressures of a conventional courtroom setting. The name derives from a 1969 case where the state’s highest court approved this procedure, but also acknowledged that there are “grave risks” associated with private interviews.
The conversation, sometimes referred to as an in-camera hearing, typically unfolds shortly after the main trial where child custody is at issue. Parents and attorneys are not present in a Lincoln hearing, which hopefully enables the youth to speak candidly and comfortably. Moreover, by directly communicating with the child, the judge can assess the child’s maturity level, their understanding of the situation, and any potential external influences affecting their preferences.
Lincoln hearings also involve a delicate balance. Judges must weigh the child’s expressed desires alongside other factors such as the parents’ ability to provide a stable environment, the child’s relationship with each parent, and any evidence of parental abuse or neglect. It is important to remember that a son or daughter’s preference, whether expressed in chambers or open court, is not dispositive. The judge is bound to base their choice on what they think is in the child’s best interests, even if it is not the result the child wants.
If you believe you’re headed to a contested custody matter, the New York family lawyers at Bryan L. Salamone & Associates, P.C. can counsel you on whether a Lincoln hearing might be appropriate. Our firm is committed to securing a resolution that helps children thrive while maintaining strong bonds with their parents. Please call 631-388-6009 or contact us online for a consultation.