When making child custody decisions during a divorce, it is certainly possible that the child themselves may have a preference. This is sometimes concerning to parents. You may be worried that your child’s preference is to live with your ex, for example, and that this could impede your custody rights and your relationship with the child.
In many cases, a child’s preference will not influence the custody decision. For instance, courts often will not even ask the child for their preference unless they are old enough to really understand the divorce case and the request that they are making.
If you have a five-year-old child who keeps saying they want to live with your ex, that is not going to change the child custody order because the court is likely not going to take it into account. They are more likely to listen to requests from a teenager.
The court has no obligation to honor the request
Additionally, always remember that courts will focus on a child’s best interests. Even when they factor in the child’s preference, there is no legal obligation to go along with it.
In many cases, for instance, it appears to be in the child’s best interests to spend time with both parents. Maintaining those relationships can help them with their development and growth moving forward.
As such, courts are usually hesitant to give sole custody to just one parent unless there is a compelling reason to do so, such as criminal activity, excessive drug or alcohol use or evidence of domestic violence and abuse. If both parents are completely fit and can provide a loving and stable relationship, even if the child prefers spending time with one parent, courts will often still use shared custody.
Navigating a custody decision can be complicated, so be sure to take the time to look into all of your legal options.