When a Child Speaks: What Family Courts Need to Hear
In this episode of the Children First Family Law podcast, Krista sits down with retired Judge Peggy Walsh, a former Family and Supreme Court judge from New York, about how courts handle a child’s voice in divorce and custody cases. Judge Walsh draws a clear distinction between two roles that often get blurred: advocating for what a child wants versus advocating for what adults think is best. In New York, children have a right to legal representation in all family court matters—free of charge. These attorneys are ethically obligated to present their client’s wishes, not their own opinions or the court’s preferences. When the Child’s Voice and Best Interest Collide Judge Walsh emphasizes that children rarely get to “decide,” but their preferences matter. Their words offer context, schedule realities, emotional responses, and daily challenges that no third party could replicate. Judges must then weigh those preferences against the legal standard of best interest, without ignoring what ...