While preparing for a divorce, parents must take certain steps to protect their rights. It is important to understand what factors influence child custody determinations, especially in scenarios where parents are unlikely to reach an agreement on parenting time outside of family court. Parents need to understand what details influence a judge’s decision when allocating parenting time and decision-making authority.
Can a child express their wishes regarding where they live or how much time they spend with either parent and influence a judge’s decision accordingly?
Older children can influence decisions but cannot set custody terms
At no point until a child becomes an adult do they actually control custody arrangements. As a minor, they are subject to the order and must abide by the terms approved by the courts.
However, the preferences of a child can influence what a judge decides is actually in their best interests. Typically, only children age 12 or older have the right to express their preferences during custody proceedings.
Their wishes are only one of many factors that influence a judge’s final ruling. Preteens and teenagers do not control custody terms, as judges must consider their preferences along with numerous other details about family circumstances. Even in cases where a child clearly prefers to spend more time with one parent, a judge may still require that they spend a reasonable amount of time with the other parent as well.
Learning about what judges consider when deciding custody terms can help people prepare for family court proceedings. While a child may have the right to express their preferences, they do not control terms set by the courts.