When you and your spouse are debating child custody rights during a divorce, you certainly may have different preferences. Perhaps you both want to have sole custody, for example. Or perhaps you agree that custody should be shared, but you cannot agree on what that division of time should look like.
It is important to consider both of your perspectives as parents, but what about your child’s preference? If your child says that they would rather live with one parent than the other, is that going to affect child custody rights?
The court may ask for your child’s input
Depending on various factors, the court may ask your child if they have a preference and take it into consideration. One of the most important details is age, but they will also consider things like the child’s gender, any social or school-related connections, the parental roles that each of you had before the divorce, and the nature of your existing relationships.
For example, if you have a child who is a teenager in their final year of high school and they would prefer to live with one parent so that they can stay close to their school and their friends, the court may allow them to voice their preference. But if your child is too young, then they may not even be asked.
Another important thing to remember is that the court does not have to do what your child asks, even if they are old enough to have a preference. The court will look out for the child’s best interests, and any preference they have is just one factor out of many.
Your custody rights
As you go through a divorce, determining how child custody will be split up is a crucial part of the process. Be sure that you understand all of your rights and legal options at this time.
