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 the child has shared.
She also explains how New York courts handle child interviews, how trauma-informed practices shape courtroom behavior, and why parental cooperation often avoids lasting harm.
A Broken System or a Maturing One?
In many states, children’s voices remain secondary. In some, children only get legal representation in extreme cases, if they get it at all. Krista and Judge Walsh compare state-by-state variations, reflecting on how systemic differences affect outcomes for families.
And when the system fails? Judge Walsh offers coaching to parents who want to step away from litigation and reset their approach to co-parenting. The goal is to protect the child, lower emotional stakes, and help both parents act in the child’s long-term interest.
Judge Walsh’s experience bridges the bench, the family table, and the child’s lived reality.
If you want to learn more about the Children First Family Law Podcast, check out www.childrenfirstfamilylaw.com/childs-voice-vs-the-childs-best-interest-lessons-from-new-york-with-judge-peggy-walsh.