Obviously, custody battles are about the children. But, are they allowed to express a preference when it comes to where they live? Let’s start by saying that custody battles are always determined by one basic factor. We’ve talked about it before. “The best interests of the child.”
That’s not to say that a child’s desires will be routinely dismissed. The court may ask to meet with the children. Of course, age will be an important factor. But, that doesn’t mean there’s some special number that means children get to call the shots.
Why’s that? We’ll give you an example. Sandra and Marco Russo have just one daughter, Amelia. She’s sixteen. Sandra and Amelia tend to bicker about a few things. Sandra knows that her daughter has cut school on occasion. She’s also concerned that Amelia has an older boyfriend. She takes off in his car and doesn’t respond to text messages or calls.
Amelia finds her mother overbearing. Her dad works in the City and doesn’t make her check in as often. He’s admitted that he played hooky a few times himself. As long as Amelia’s grades are up to par, Marco really doesn’t get the big deal. He’s happy to assume residential custody of his daughter. Secretly, he figures it’s a good way to get back at Sandra.
It shouldn’t surprise you that the court will see exactly what is going on in this situation.
Children’s Voice in Custody Matters
Children have all different reasons for wanting to live with one parent or the other. For some, it is a matter of comfort. Others may truly be concerned about the prospect of abuse. Still others may fear they will be rejected if they do not state a parental preference. And, then there are those who see a chance at manipulation.
There’s no special age that a child can approach the court to express his or her desires. Some ten year olds are more mature than teenagers. However, it is up to the judge to evaluate the situation. Meeting with the child may open up many issues. Here are some for consideration:
- Why has the child expressed a preference to live with one parent over the other?
- How old is the child? Does the child’s maturity level match that age?
- Is one of the parents unduly influencing the child to approach the court?
- Are there emotional or physical concerns with either parent?
- Has an expert witness rendered an opinion regarding child custody?
- Will the custody arrangement interfere with parenting arrangements for other parent?
The court makes the final decision on whether to meet with the child. And, again, custody arrangements are made in the “best interests of the child”.
Contact Us
Have questions concerning a custody arrangement? At the Law Offices of Sam Stoia, we recognize this as an important part of any family matter. Please contact us to set up a complimentary appointment to see how we can be of assistance.