Custody arrangements for divorced or separated parents may be drafted by the parents themselves. They might work cooperatively to divide parenting time and other parental responsibilities in a fair manner. If they cannot settle their custody disagreements, then they may need to ask a family law judge to consider the situation.
The courts can establish custody orders based on what a judge believes is in the best interests of the children. They can choose which residence is the primary residence for the children, how much parenting time each adult receives and even the division of decision-making authority.
Judges trying to resolve litigated custody cases have to consider a variety of factors when deciding what is in a child’s best interests. Can a child influence the outcome of their parents’ custody-related court case?
Judges may want to hear a child’s preferences
Each family situation requires different custody arrangements. Judges try to do what is best for the children, which requires learning about family circumstances. They try to understand the current relationship each parent has with the children. They look at how stable each parent’s living arrangements are.
They may also consider the child’s preferences when handling a contested custody case. Once a child is 12 or older, a judge could ask for their insight into the situation. The child’s perspective on their relationship with each parent and their wishes regarding the allocation of parenting time can influence what a judge ultimately decides is appropriate.
However, children do not get to choose where they live. They also do not have the option of refusing to see one parent. While they are minors, they are still subject to the authority of their parents and also the family courts. If one parent does not ensure that the children follow the custody order, the other parent could ask the courts to modify the custody order or enforce the custody order by awarding them makeup time with the children or facilitating reconciliation services.
Understanding the factors that influence custody proceedings can help parents make choices that are in the best interest of their children. A child’s wishes can play a role in the allocation of parenting time, but children do not control the outcome of custody litigation.