Rather, other than younger children, say under 8, the court can and often does interview the child and determines the child's point of view. According to the rules, such an interview must be outside of the parents presence to avoid any influence.
I was successful at obtaining a reversal on appeal to the Superior Court where a trial court refused to consider the views of the 3 children ranging in ages from 8-14. The Superior Court admonished the trial court that the court must always at least listen to the child, when that is requested, although the weight to be given the child's choice is in the court's discretion. So, the child can have his or her say, but it is ultimately up to the court.
I had another case where a 16 year old’s preference was completely disregarded by the court. So, you never know what a given judge will do in any given case.
Answered on Jan 11th, 2013 at 11:54 AM