Family law judges hearing cases involving custody disputes have to make some difficult decisions. When parents disagree about what is best for their children, a judge must consider the needs of the children, the schedules of everyone in the family, existing dynamics and other details to decide what is appropriate.
Their focus should always be on the best interest of the children rather than on the rights or demands of the parents. In some cases, the children could potentially influence the final terms set by a judge hearing a contested custody case. When can children influence custody arrangements?
Age is a key factor
Current state statutes allow for either party involved in a custody dispute to ask the courts to consider the children’s preferences if the children are 12 years of age or older. Younger children often have minimal influence on custody determinations, but older children can express their preferences.
A judge may then consider their wishes, along with other key factors, when they decide what arrangements are appropriate for the family. Children do not choose for themselves where they live or how much time they spend with either parent. Their wishes are only one of numerous factors that judges must consider when deciding how to handle a custody dispute.
Working together to settle custody disagreements outside of court can protect children from the stress of needing to express their preferences and take a side during a parental dispute. Parents who understand the rules that govern child custody proceedings can develop more effective court strategies and avoid putting their children in a very difficult position.