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New York Law - Does the Court Listen to the Children? The advantage of a court listening to a child's preference is that the child may be better off staying with the parent he or she prefers. Also, the child may have a valuable perspective to add. The disadvantage is that it could lead the parents to start coaching or bribing the child, or bad-mouthing the other parent, to the child's detriment. In New York, the child's wishes may be consulted. Older children's wishes will be given more weight than the wishes of younger children. Rebecca B. (1994) 204 AD2d 57, 611 NYS2d 831 (7 year old child's wishes consulted). Spetter (1987) 133 AD2d 750, 520 NYS2d 39 (child's wishes not upheld).
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