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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, and this harms the child.

Most courts walk a fine line here between these two positions. The older the child is, and the more capable the child seems of understanding the situation and articulating his or her reasons for his or her preferences, the more the court will listen to the child.

Often, the judge will interview the child alone in the judge's chambers (that is, the judge's office) to try to get the child's perspective on the situation. Sometimes, these interviews are recorded by the court reporter (who takes notes which are later transcribed).

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