There are cases in which a child may be given a say in a custody decision, such as when that child’s parents are going through a divorce and dividing up physical and legal custody rights. That said, children do not have the authority to unilaterally make these decisions on their own.
Generally speaking, when a court makes a custody determination, it tries to uphold a legal standard that focuses on what will be in the best interests of the child. In some cases, one of the factors the court will weigh is if the child themselves has a preference.
The child’s age makes a difference
One of the main things to consider is simply how old the child is. Older children may be given a chance to state their preference, but younger children often are not.
For instance, if a couple has a toddler, the court likely will not let them weigh in on the custody decision to begin with, but will instead look at factors like the parents’ roles in the child’s life, the parents’ living situations, their mental and physical health, and their ability to provide the care that this young child needs.
If the parents have a teenager who is a junior in high school, however, then the court may listen if they have a preference of which parent they would like to live with. But even that does not mean that the court is obligated to agree with the child’s decision or uphold their preference. It is still just one factor out of many that they will consider as they look into the child’s best interests.
Navigating a custody decision
Dividing custody of children during divorce can be very complex. Parents must know what legal steps to take and what rights they have at this time.