Parents preparing for divorce often feel anxious about custody matters. They don’t want a change in their marital status to affect the relationship they enjoy with their children. Particularly if they spend less time parenting than their spouse or if they have had a rocky relationship with one of their children recently, a parent may worry that their child could ask the courts to allow them to live with the other parent.
Confusion about laws that have since been repealed and statutes that apply in other states may lead to people worrying that their children could refuse to see them and insist on living with their other parent after a divorce. People assume that teenagers, in particular, may have the right to make choices regarding where they live.
Do children have a say in the allocation of their parents’ parenting time during divorce proceedings?
A child’s preferences are only one consideration
Sometimes, parents decide to defer to the wishes of their children. They may reach an amicable arrangement that grants primary residential custody to the parent who currently has a better relationship with the children. Parents always have the option of establishing their own custody orders based on what they think is best for the children.
However, if the matter goes to court, a judge has to review family circumstances in accordance with state law. They have to consider a variety of factors. The health and stability of both parents, the relationships that the parents have with the children, the relationships the children have with each other and a host of other factors can influence what a judge believes is appropriate.
They generally want to focus on what they believe is in the best interests of the children. In most cases, judges expect children and teenagers to consistently have overnight time with both parents. While they may consider a child’s preferences when making the final allocation of parenting time, the child does not dictate the judge’s decision.
Finding ways to share custody is never easy. Parents who have the right information may have the confidence to push for a time with their children even if their relationship hasn’t been the best recently.