Legal Question in Family Law in New York

A Lincoln hearing is a hearing in which the judge hears evidence in an effort to determine how custody of a child or children should be ordered. In this hearing the judge may ask questions directly of the child or children confidentially, outside the presence of the parents or their attorneys.

Ultimately, the test used to determine custody is what is in the best interest of the child.

It's called a Lincoln hearing because of a case called Matter of Lincoln, 24 NY2d 270 (1969), in which the Court of Appeals set up the requirement for such a hearing.