Should judges making custody determinations by paying attention to the kids? These days this is a hot topic in Family Law. Years ago the response to the question was an emphatic "no". Kids were unreliable witnesses, they did not understand what was good for themselves, and they would be traumatized permanently by being asked to choose one moms and dad over the other. Moreover, they would figure out that they were in a position to control the result, which would turn the parent-child relationship upside down.

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