Abstract

The courts have long recognized the importance of the child's preference in child custody matters. Psychiatry and psychology have had mixed views regarding such a preference. The child's stated custodial preference is seen as a psychological statement by the child of how he/she has resolved the inevitable loyalty conflict that accompanies divorce. While not bound by this stated preference, there should be a commitment to not only elicit this preference, but to listen carefully to it and try to understand its complex meaning.

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