Lincoln Hearings (In-Camera Hearings) in NY Custody Cases

The child's preference may factor into the outcome of a child custody case, and the court may opt to get this information directly from the child.

However, testifying in court may be too much for a child to handle. They might feel uncomfortable speaking their mind in front of their parents and find a trial setting intimidating.

New York has Lincoln hearings (also called in-camera hearings) so the court can get the child's perspective in a less stressful setting. The hearing, when needed, happens shortly after a custody trial.

What is a Lincoln hearing?

A Lincoln hearing is where a judge gets the child's perspective on custody and visitation without the parents present.

Thanks to the 1969 divorce case Lincoln v. Lincoln, New York law allows courts to interview children without parental consent. Neither parents nor the parents' lawyers can attend.

There isn't a minimum age for a child to participate in a Lincoln hearing, but they must be mature enough to state an opinion.

The judge may order a Lincoln hearing if the parents' contentious relationship makes it hard to discern what's best for the child. A parent or an attorney for the child may also request that the judge order one.

Custody evaluations are a more common method of figuring out what type of custody is best for the child — especially if the child is too young to give their opinion. Testifying in court during trial is also possible, but rare, for a mature child.

What happens during a Lincoln hearing?

Lincoln hearings take place in the judge's chambers or a closed courtroom.

Besides the child, a judge, the attorney for the child and a stenographer attend.

• The judge asks the child questions to figure out which custody and visitation arrangement would serve the child's best interests. (Parents or their lawyers can submit questions for the judge to ask, but there's no guarantee the judge will use them.)
• The attorney for the child gives the child moral support and can help them voice their opinions.
• A stenographer transcribes the conversation for the court record.

The child gives their testimony under oath if the court finds they understand:

• The difference between telling the truth and telling a lie
• That it's necessary to tell the truth
• That witnesses who don't tell the truth may face consequences

Generally, children 10 and older who have a Lincoln hearing must testify under oath. Younger children may also take an oath if the court finds they meet the above standards.

Lincoln hearing transcripts are sealed, making them inaccessible to parents and their lawyers.

Possible drawbacks of Lincoln hearings

While in-camera hearings are a reliable way to find out more about a child's situation and preferences, there are risks.

• Due to their emotional fragility after a separation, children may not accurately explain their relationships with their parents.
• Parents may coach their children before the hearing.
• Participating is traumatic for some children.
• The child may feel pressure to vilify one parent.
• The hearing might not change the case outcome because judges don't have to rule in line with the child's opinions.

What you can do to help your case

While what happens during the Lincoln hearing is out of your control, there are still ways to demonstrate your parental fitness to the court.

The Custody X Change app has the tools you need to support your case in court.

• Create a detailed parenting plan that spells out every aspect of co-parenting in airtight legal language and shows the judge your competency.
• Make a custom parenting time schedule that meets your child's needs and supports their relationship with the other parent.
• Keep a custody journal to electronically organize evidence, document incidents and keep a record of parenting plan violations.
• Track actual parenting time and get reports showing parenting time violations.
• Use the parent messaging tool to keep an accurate record of your conversations with the other parent.

Use Custody X Change to stay organized and get what's best for your child.