The court will typically make several judgments that could impact the child’s upbringing during a child custody hearing. Child custody rights are matters like the kind of custody (joint, split, etc.), visitation patterns, child support obligations, and other matters. In most circumstances, the court will work with the child’s parent to come to a decision. The parent will typically provide them feedback, and they might frequently base their choice on their requests or suggestions.
However, in rare circumstances, the minor is also permitted to make custody choices while a court case is in progress. In a custody dispute, the child’s preferences may be taken into account if:
- The young person is competent to make wise legal decisions.
- The child is a specific age (this may vary by jurisdiction)
There is a law in place that permits kids to make these choices.
This arrangement is frequently only permitted in exceptional cases, including when one parent is found unsuitable to be the child’s guardian. When these requirements are eventually accomplished as the child becomes older, the youngster might be able to participate in the modification of an existing custody arrangement.
Can the Court Disregard a Minor’s Preferences?
When deciding on a child custody arrangement, the court may occasionally overlook the child’s custody preference.
The most frequent justification is that a child is too young to make legal decisions. Or the court may frequently base its decisions on considerations other than the kid’s preferences and wishes if the youngster has a physical or psychological condition that limits their competence to make decisions.
At What Age Can a Child Make Custody Decisions?
A growing number of jurisdictions have tried to do away with the winner-take-all attitude that was frequently connected with custody disputes.
One aspect a judge must consider when determining the age of a child to make custody decisions is the wishes of the kid.
Many states don’t identify a certain age at which the court must consider custody desires. In general, a smaller child’s preference won’t matter as much as an older child’s. However, since no two children are precisely the same, that is not a given. A 12-year-old might, on occasion, be more mature than a 15-year-old. Therefore, judges make case-by-case decisions regarding how much weight to give a child’s preference. In making a decision, a judge will consider a child’s capacity for making wise decisions.
The court’s judgment is not influenced by the child’s preference more than any other considerations. The court won’t think twice about making a decision that goes against the child’s preferences if it’s in the child’s best interests to live with the non-preferred parent.
For instance, a daughter once said she would rather live with her mother so she could be close to her half-siblings. The daughter would have to share a room with her half-sister and her boyfriend, who were sexually active and had used drugs in front of the child, at the mother’s residence, though. The judge disregarded the daughter’s request and awarded her father custody.
The reasons a child wishes to live with a certain parent are taken into account by the courts. The judge must ensure the child’s selection is not driven by passing moods or parental resentment. The child’s opinion will carry more weight if it’s founded on mature reasons, such as a closer bond with one parent or a parent’s involvement in the child’s life. Furthermore, if a child’s preference switches between parents frequently, the court won’t give that child’s wishes any weight.
A judge will also want to know if the youngster has been the subject of improper influence. For instance, a judge will not be amenable to a parent’s attempt to “buy off” or bribe the child with gifts or other inducements. Additionally, the court is considerably less likely to consider the child’s preferences if it finds that one parent has been sabotaging the other parent in the child’s view, which is the cause of the child’s preference. As a side note, the judge will not see parents who behave in that manner favorably.
What Is the “Child’s Best Interest Standard”?
The court’s judgments regarding child support, visitation, and custody are always made using the kid’s best interests as a guide. This means that the court will only render judgments that are in the best interests of the child’s development on all fronts — physical, mental, emotional, social, and academic. When a parent’s wishes conflict with what is in the child’s best interests, even the parent’s wishes may be ignored.
Because the courts will evaluate the kid’s best interests throughout the custody hearings, a parent thinking about how to obtain custody of a child or become a custodial parent must put this priority first. The decision about a child’s custody is significant, and the procedure will go more smoothly if both parents are aware of their legal obligations.
This means that the court will still need to consider the child’s choices in light of the best interests test, even if the youngster is mature enough to make their own decisions about child custody. For instance, if the kid’s preferred parent is regarded as morally unsuitable, abusive, or has a history of substance abuse, the court will not place the child with that parent.
The child’s welfare will be considered in a wide variety of ways while deciding on child custody in a family court setting. Naturally, these considerations will be weighed against the child’s best interests to ensure that the custody decisions do not in any way hurt or negatively impact the child or children.
The relationship between each parent and the kid’s past interactions with each parent are some typical child custody variables that courts may consider in a divorce or legal separation scenario:
- Whether one parent has provided the child’s primary care;
- Background of the child and how they have adjusted to their home, school, and neighborhood;
- The child’s and parent’s physical and mental wellbeing;
- Whether the child has any unique medical, psychological, or emotional requirements;
- The preferences of the parents (the court will often adopt the custody arrangement that both parents agree upon);
- The courts will give the child’s preferences significant weight if the parents are unable to agree on a custody plan;
- The child’s general preferences, particularly if they are older than a specific age (this age may vary by state).
Therefore, the court will consider the child’s special medical needs while deciding on custody, for example. It’s possible that one parent will be given more custody rights than the other since they are better familiar with the child’s special needs.
Do I Need a Lawyer for Help with Child Custody Issues?
A skilled family law attorney is typically needed for child custody proceedings. If you need a lawyer to represent you in court or if you have any issues about child custody, you might want to consult a child custody lawyer in your region.
An experienced lawyer can give you legal counsel to support your case and can also keep you informed of any changes to the local or state child custody laws. Use LegalMatch to find a lawyer near you for all of your child custody needs.
