Sometimes in the course of a custody or visitation proceeding, a judge may choose to conduct a Lincoln hearing. Lincoln hearings occur when a judge chooses to hear the testimony of a child regarding custody or visitation preferences, and does so in a controlled environment; only the judge, a stenographer, the child, and the child’s attorney are present. The purpose of maintaining a controlled environment is twofold: first, it prevents a child from undue stress associated with open court testimony. Second, and closely related, it better allows for a child to relate parental preferences and family difficulties.
Notably, Lincoln hearings occur without any parental oversight or discretion. The judge may order a Lincoln hearing without parental consent, and the content of the child’s testimony remains sealed during appeal. If new information is made available during a Lincoln hearing, however, judges must confirm the accuracy of the information in open court.
Some restrictions do apply to the use of such hearings. For one, they may not be conducted for the purpose of gaining evidence in a domestic violence proceeding. Likewise, when a child is too young or the experience too traumatic, participation in a Lincoln hearing may be avoided.