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Can a Fam Ct judge deny request for Lincoln hearing [in camera interview]?

Q: Trial date approaching, my attorney requested in camera for the child to speak directly to judge. Can this request be denied? If so, under what circumstances can it be denied? What factors are used to decide? 

A: The short answer is yes. Though appellate courts encourage Judges to conduct in cameras, they are not mandated. Numerous factors may warrant a Judge denying the in camera, such as age of child, whether a forensic and/or CPS/Probation investigator has already spoken to the child, as well as the Judge's assessment of the relative strength of either party's case. For a 2d opinion, schedule a consult with a Bronx Family Law attorney. 

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