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On March 23rd, the New York Supreme Court Appellate Division, Fourth Judicial Department issued a decision in a complex child custody dispute that arose out of Onondaga County. In this case, a lower court had already granted the mother sole legal custody of the children, allowing for significant visitation for the father. The father appealed the child custody ruling, partially on the grounds that the lower court did not conduct a ‘Lincoln hearing’.
In New York state, a Lincoln hearing is a legal proceeding in which a child confidentially testifies as to their preferred child custody arrangement. An attorney who represents the child is present during this hearing, as well as the family law judge, and a court stenographer. However, neither the mother, the father, or either of their legal representatives is able to attend this type of hearing. The purpose of this type of arrangement is to help protect children from an open and high-pressure situation.
When deemed appropriate, a Lincoln hearing may be ordered by a New York family law judge. Most frequently, Lincoln hearings are granted following a request from one, or both, of the parents in the child custody case. However, in certain cases, a Lincoln hearing will be ordered by the judge.
It must be noted that there is no guarantee of a Lincoln hearing under New York state law. As Syracuse child custody attorney Richard J. Bombardo explains “Lincoln hearings are typically used to help resolve custody disputes that involve older children, especially teenagers. However, in cases that involve young children, New York family law judges can, and often do, make child custody decisions without seeking any input from the child.”
In this most recent case from Onondaga County, the Appellate Division determined that the father had no right to a Lincoln hearing. The appeals court reached this decision for two reasons. To start, he failed to request one at the appropriate time in the legal process. Though, more importantly, the children in this case were deemed to be too young for a Lincoln hearing to be conducted.
Release ID: 349196