045: The Child’s Voice vs. The Child’s Best Interest: Lessons from New York with Judge Peggy Walsh

In today’s episode of Children First Family Law, Krista welcomes retired New York Judge, Peggy Walsh, who brings decades of experience from both the Family and Supreme Courts. Judge Walsh unpacks how New York’s family law system centers children’s voices in custody cases and what the rest of the country can learn from it.

Krista and Judge Walsh explore how attorneys for children play an active role in advocating for a child’s stated preferences, even when they differ from best interest arguments. They also compare New York’s court structure with Colorado’s, explore trauma-informed judicial practices, and reflect on how systems either empower or silence young voices. Judge Walsh shares how she approached in-camera interviews with children and how her bench experience now informs her work as a coach for co-parents navigating conflict.

When a child tells their attorney what they want, that’s not just testimony. It’s a window into what makes sense for that child’s life.

In this episode, you will hear:

• Child attorneys in New York reflect what the child wants, not what adults believe is best
• Best interest and expressed interest often overlap, but not always
• New York courts offer every child legal representation at no cost
• Judges rely on in-camera interviews to hear from children directly
• Ethical representation includes guiding children without overriding them
• Professionalism in family court matters more than persuasion
• Trauma-informed courts reduce harm during high-conflict litigation
• Courts trust parents to decide, and judges step in only when needed
• Kids in the middle of conflict often show internal distress
• Co-parenting coaching offers an alternative to repeated litigation

 

Resources from this Episode

peggywalsh.com

thecoparentcoach.com

www.childrenfirstfamilylaw.com

All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. 

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