Case laws on child wishes in divorce, New York & D.C.

Question

I'm looking for case laws from the last 10 years in New York and Washington D.C. where the court considered a child's wishes, specifically those above 9 years old, in parental divorce proceedings.

Peter Christopher Lomtevas · Answer

The asker would have to look up the cases using online services. We here are not a law library. However, we could offer some tips. 
 
The government owns the child while the parents are in court. The government decides using its own measures how much credibility to give to the child's words. Some teens are trusted while others are not. 
 
There is also the personal policies of the judge/referee. Some have biases and prejudices as to what custody should look like in every family that appears in court. 
 
Lastly, not every case goes up on appeal, so finding a case that references the words of a child may be rare to nonexistent. Most family court cases settle and never go up on appeal, and we understand that case law is the body of appellate decisional law.

James L. Arrasmith · Answer

In both New York and Washington D.C., courts consider a child's preferences in custody decisions, especially when the child is over nine years old. However, the weight given to these preferences varies based on the child's age, maturity, and the specific circumstances of the case. 
 
**New York:** 
 
New York courts assess the best interests of the child, which includes considering the child's wishes. While there's no specific age threshold, older children are generally given more weight. For instance, in *Eschbach v. Eschbach*, the court emphasized that a child's preference is a factor, but not the sole determinant in custody decisions. Additionally, the court may appoint an Attorney for the Child to represent the child's interests in custody cases.  
 
**Washington D.C.:** 
 
D.C. law mandates that the court consider the child's wishes as part of determining the best interest. The court may appoint a guardian ad litem or an attorney to represent the child's interests. In the case of *Duguma v. Ayalew*, the court remanded a custody decision because the trial court failed to ascertain the children's preferences, highlighting the importance of considering the child's wishes.  
 
While specific case laws from the past ten years may not be readily available, these general principles guide how courts in New York and D.C. approach the consideration of a child's preferences in custody matters.

Q: Case laws on child wishes in divorce, New York & D.C.