When parents divorce, custody arrangements are often their top concern. They want to ensure that they can preserve their bond with their children.
Some parents may worry about the outcome of custody proceedings, especially if they do not agree with their spouses about how to divide parenting time and legal authority. A judge can rule on custody matters based on what they believe is in the best interests of the children.
Can the children themselves ask a judge to live with one parent based on whom they have a closer connection with when their parents divorce?
Judges review many factors
Neither the wishes of a child nor the desires of their parents dictate the terms of a contested custody order. The judge hearing the case must learn about the family and try to establish terms that are in the children’s best interests.
They consider the connection the parents have with the children and their ability to meet their needs. They also look at the income and housing of the parents. The child’s preferences are only one of many factors that influence the judge’s final order.
Judges may consider the child’s age and maturity level. They may also consider their reasoning when examining the child’s wishes and other details about the family. However, children do not have the authority to choose where they live or to refuse to see one parent.
Even parents who have not served in a caregiving role previously can request shared custody. Learning about the details that influence child custody orders can give parents the confidence to assert their parental rights during family law proceedings. Having experienced legal guidance can help parents assert and protect their rights.