Q: In divorce/custody case, will the judge take in consideration my daughter's opinion?

A: Yes, a child's opinion will be considered (and is usually given considerable weight). The older the child, the more weight their opinion; at 7 the weight will be medium. The judge, and rarely the parties, will usually ask a lot of surrounding questions (e.g. what do you do with your mother/father?) and not directly "who do you want to live with?". The questions will be soft and no attorney (or party in the right mind) will try to zing a child. In my experience, every judge tries to put the child at ease (most encourage a private communication in the judge's chambers versus discussion in open court). Usually, the parties handle a child's preference out of court.

A: Generally, your daughter will not appear in court or talk to the judge. Furthermore, her statements or wishes are hearsay and will be inadmissible in court if presented by you. Normally, the way to get a child's wishes or statements in will be to have the court appoint a Child and Family Investigator, who will prepare a written report which will contain, in part, statements, wishes, or concerns of your child. If there are safety or danger issues, your daughters concerns could become a significant factor. If there is just a general lack of desire to spend more time at the father's home, a court is generally going to find that a 7 year old lacks sufficient age and maturity to voice a reasoned opinion.