Say that you and your spouse have one child together, and you know that custody will be a significant factor as you move toward divorce. Part of your concern may be how your time with your child will be divided.
For instance, maybe your child and your spouse have a very close relationship. You believe your child will request to live with their other parent rather than you. You’re worried that your child’s preference will affect the custody determination. Is this something the court will take into account?
How old is your child?
One key question is how old your child is. Courts can consider a child’s preference in custody cases, but they typically only do so when the child is older. If your child is in elementary school, their opinion may not carry much weight. If they are in high school, on the other hand, their request may be honored.
However, the court’s primary focus is on what is in your child’s best interests. They are not required to honor a child’s preference. Even if your child wants to live with their other parent, the court may still decide to divide custody between both parents. That is because the child’s preference is just one of many factors the court considers in determining how custody is shared.
Child custody rulings can add complexity to a divorce. Make sure you understand your parental rights and all of the legal options available to you as you navigate this process. Having experienced legal guidance can help you protect your rights and work toward doing what you believe is in your child’s best interests.
