You are getting divorced, and you know that child custody decisions are going to be contentious. You are interested in getting sole custody of your child, and so is your ex. This means you are likely going to need a court ruling, and you do not think it is going to be easy.
However, you have begun to wonder if your child will have any say in the matter. Is the debate just going to be between what you want or what your ex wants, or could your child’s own preferences influence the decision that the court makes? Say that your child says they would rather live with your ex. Do they have the ability to make that choice on their own?
A child’s preferences can be considered
Yes, your child may be given a chance to voice their preference and be involved in the process. The court will try to consider the child’s best interests, and their own preference may be one of many factors that the court considers.
But it is different in every case. For instance, if you have a six-year-old child who has just begun attending school, the court will likely not be interested in their preference for a living situation. But if you have a 17-year-old child who is a high school senior, and they say that they want to live with your ex because they live close to the local high school, then the court may honor that decision.
One important thing to know is that the court is not obligated to go along with whatever your child chooses. They still focus on the child’s best interests. Likewise, they may decide to use shared custody, so the child spends time with both you and your ex, rather than giving either one of you sole custody.
Sorting through all these details can be complex, and it is imperative that you know what legal steps to take.