Will My Child Speak to the Judge? Understanding Lincoln Hearings in New York

When parents are involved in a custody or visitation dispute in New York, one of the most sensitive questions is whether the child’s wishes will be considered by the court. In some cases, the judge may conduct what is known as a “Lincoln hearing,” a private interview with the child outside the presence of the parents. Lincoln hearings are common in contested custody matters, but many parents have never heard of them until their attorney or the judge mentions one during litigation. Understanding how these hearings work can help reduce confusion and anxiety during an already difficult process. In this post, a Syracuse custody attorney explains what you need to know.

What Is a Lincoln Hearing?

A Lincoln hearing is a confidential interview between the judge and the child involved in a custody or visitation dispute. The hearing usually takes place in the judge’s chambers rather than in open court. The purpose is to allow the child to speak freely about issues affecting custody or parenting time without the pressure of testifying in front of the parents. The term comes from the New York case Lincoln v. Lincoln, a decision by the New York Court of Appeals recognizing that children should sometimes be allowed to express their views privately in custody matters.

Why Do Courts Use Lincoln Hearings?

New York courts are required to decide custody issues based on the “best interests of the child.” Depending on the child’s age and maturity, the child’s preferences may be one factor the court considers. A Lincoln hearing can help the judge:

• Understand the child’s relationship with each parent
• Learn about the child’s daily life and concerns
• Assess the child’s maturity and reasoning
• Evaluate allegations of conflict, pressure, or manipulation
• Reduce the emotional harm that could come from forcing a child to testify publicly

The hearing is not designed to let the child “choose” which parent wins custody. Instead, it gives the judge additional information to evaluate what arrangement serves the child’s best interests.

At What Age Can a Child Participate?

There is no fixed age requirement in New York for a Lincoln hearing. Judges generally consider:

• The child’s maturity level
• Ability to communicate meaningfully
• Understanding of the situation
• Emotional readiness

Older children and teenagers are more likely to have their preferences given substantial weight, but even younger children may sometimes participate if the court believes it would be helpful.

Who Is Present During the Hearing?

Typically, the following people are present:

• The judge
• The child
• Attorney for the Child

Parents are usually not allowed in the room. Their attorneys are also commonly excluded. This structure is intentional. Courts want children to feel comfortable speaking honestly without fear of upsetting either parent.

Does the Child Decide Custody?

No. One of the biggest misconceptions about Lincoln hearings is that the child gets to decide where to live. That is not how New York custody law works. The judge considers many factors, including:

• Stability of each home
• Each parent’s ability to meet the child’s needs
• History of caregiving
• Domestic violence concerns
• Co-parenting ability
• Mental and physical health issues
• The child’s wishes

A child’s preference may carry significant weight in some cases, especially with mature teenagers, but it is never the sole factor.

Can Parents Refuse a Lincoln Hearing?

Generally, the judge has broad discretion to conduct a Lincoln hearing if the court believes it would help determine the child’s best interests. In some situations, attorneys may object based on:

• The child’s age
• Emotional concerns
• Claims of coaching or manipulation
• Procedural issues

However, judges in New York frequently use Lincoln hearings in contested custody matters, especially where the child is old enough to express meaningful preferences.

What Should Parents Avoid Doing?

Parents should be extremely careful not to pressure or coach a child before a Lincoln hearing. Courts look very negatively on:

• Telling a child what to say
• Asking the child to “pick sides”
• Interrogating the child afterward
• Attempting to manipulate the child’s statements

Trying to influence the child can damage credibility and may ultimately hurt a parent’s custody case.

Contact A Syracuse Custody Attorney Today

A Lincoln hearing is a unique feature of New York custody litigation that allows judges to hear directly from children in a private and protected setting. While the child’s wishes may influence the outcome, the court’s ultimate focus remains the child’s best interests. If you are involved in a custody dispute and believe a Lincoln hearing may become part of your case, speaking with an experienced New York family law attorney can help you better understand the process and protect your rights as a parent. Contact us today for a confidential consultation with an experienced Syracuse custody attorney.

For more information on child custody proceedings, please visit our Child Custody and Frequently Asked Questions pages

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and guidelines can change, so always verify with current statutes or a professional.