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Do children have a say in custody decisions?

On Behalf of | Jan 17, 2025 | Family Law

If you’re a parent going through a divorce, you know that a custody determination will need to be made regarding your child. The court may decide to grant sole custody to you or your ex. More commonly, the court awards joint custody so that both parents remain actively involved in the child’s life.

One question you might have is whether your child can have a say in this decision. For example, if your child has expressed a desire to live with your ex, you may be concerned about losing contact with them or having your custody rights affected.

A child’s wishes may be considered

It is possible for the court to take a child’s opinions into account during custody decisions. If the child has a strong preference, they may be allowed to express their wishes during the hearing or make a formal request.

However, this is typically limited to older children, usually those aged 12 or older. For younger children, the court generally does not consider them mature enough to make such an important decision.

Additionally, the court is not obligated to abide by the child’s wishes. Custody decisions are based on various factors, with the primary focus being the child’s best interests. Even if a child requests to live with one parent exclusively, the court may still rule in favor of joint custody if it determines that maintaining relationships with both parents is in the child’s best interests.

Navigating the process

Custody decisions can be complex and emotionally charged. It’s important to understand all the legal options available to protect your rights and work toward the best outcome for your child.