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Interview to Determine Child's Preference

Quick Facts

Of-age child can express preference of custodian.
Attorneys have right to be present when child is interviewed by the court.
Transcript of interview may be included in case file.

If a child is old enough to be able to express a preference of his or her custodian, then the court has the authority to consider the child's reasonable preference. The court may interview the child in chambers to determine the child's reasonable preference, so as to prevent the child from facing the daunting open court and having to proclaim his or her preference.

The court must allow the attorneys to be present at the interview and permit the attorneys to ask the child reasonable questions either directly or through the court. The court makes a record of the interview and includes it in the case file, unless waived by the parents or guardians.

In contested custody proceedings, and in other custody proceedings if a parent or the child's custodian requests, the court may seek the recommendations of professional personnel. The recommendations are given in writing and made available by the court to counsel on request. Counsel may cross-examine professional personnel consulted by the court.