If two parents are getting divorced, they need to establish a child custody arrangement. Some parents are able to do this on their own, while others need to go to court to get a custody order.
Either way, one thing they may want to consider is whether the child has a preference. Say that the couple has a son, and he says that he would prefer to live with his father instead of his mother. Can the child choose their own custody arrangement?
2 important considerations
There are two main things to think about when looking at this issue. The first is the child’s age. Courts will sometimes ask a child if they have a preference for their own custody arrangement, but they need to be old enough to understand the decision they’re making. For instance, if the couple has a child who is a junior in high school, they may get to tell the court what their preference would be, whereas a child who is 12 or under may never be asked.
The second thing to keep in mind is that the court does not have to agree with the child’s preference. The court will consider a range of factors, such as:
- The parents’ ability to provide care
- The mental and physical health of all involved
- The parents’ expected living situations and incomes
- If the child has special needs
- If there are connections to the community or extended family members
The child’s preference is one factor that may be considered if they are older, but the court still may decide that it’s in their best interests to go against that preference—especially if the child would be in danger of neglecting the relationship with one of their parents.
This can be a fairly complicated situation. Divorced parents who are working through their child custody options need to know exactly what legal steps to take.