In divorce and custody proceedings, courts are often saddled with the heavy burden of determining children’s proper custodial placement. In adjudicating this issue, courts must determine how the child’s preference is obtained and relied upon. This is a process fraught with complexity, as courts must balance protecting the child with procedural due process. In light of these complexities, courts across the country have developed two primary and interrelated means of “hearing” a child’s “voice”: First, by allowing for judicial interviews of children, and second, through representation for the child, whether through an attorney, a guardian ad litem (GAL), or combination thereof.
Continue reading Donald Tye and Michelle Rothman’s publication featured in Massachusetts Lawyers Journal on pages 28-29.