When parents divorce, parenting time is often one of the most hotly disputed aspects of the end of a former couple’s romantic relationship. Both parents may want to spend as much time as possible with the children.
If they cannot settle their disagreements, a judge reviews details about the family to decide what is best for the children. In addition to the stability of the parents and the relationship they currently have with the children, the courts may also consider the wishes of the children when deciding how to split overnight parenting time.
Is there a specific age after which children can choose where they live when their parents divorce?
A child’s wishes are one of many considerations
State law does allow a judge to consider the preferences of children when establishing a custody order. However, there is no set age at which a child’s wishes become an important consideration.
Frequently, children 12 or older may have an opportunity to express their preferences. Even then, their desires do not determine what a judge ultimately decides but are only one of multiple factors the judge must consider.
The judge must evaluate the child’s maturity and the reasoning behind their stated preference, in addition to other details about the family, when deciding what is likely best for the children. There is no age at which children can decide where they live or legally refuse to comply with the custody order because of their personal wishes.
Learning more about how the courts handle contested custody cases can help parents develop workable family law strategies and realistic expectations. Children don’t set custody orders, although they can influence them to a degree.