Parents often debate how to divide child custody rights when they get divorced. In some cases, it’s a debate over how to divide up parenting time or legal custody rights. In other cases, one parent wants sole custody and the other wants to share custody, so a solution must be found. It is primarily the parents who are debating how this should be carried out.
It’s important to note that courts focus on the child’s best interests. In some cases, the child’s own wishes for the custody arrangement may be considered. Children may have a say in how that custody arrangement is drafted — although the court does not necessarily have to abide by what the child wants. It’s just one factor that they’re going to consider, along with things like parental roles, relationships with extended family members, living situations, medical needs and much more.
Age is often a critical factor
When children are allowed to express a preference to the court, their age usually plays a role. Younger children may not be asked what they want because they’re simply too young to have an informed opinion or make this decision on their own. Older children may be asked if they have a preference, and this can be factored in.
For example, if two parents have a child who is in first grade, the court may consider where they go to school and how to keep them involved with their peer groups, but the child will likely not be asked where they want to live. If the child is a teen in high school, though, they may be asked if they have any preferences. They’re old enough to understand how this is going to impact their life and make rational decisions.
Child custody disputes can certainly get complicated. Parents who are involved need to know what legal options they have.