When parents no longer live together, either due to divorce or separation, they need to make many decisions regarding their children. Custody choices are difficult, and the court will have the final decision about where a child will reside and how visitation will take place. There are many factors to consider regarding your child’s care, health, and well-being. Generally, the law looks at both parents as equally capable of caring for a child. Many parents wonder what role child preference plays in the custody decision-making process.
What Factors Does the Court Consider?
When making a decision for custody of a child, the court relies on a variety of factors. These include both child-related factors as well as those related to the parents. Some of these are the health of parents, the ability to care for the child, the stability of parents, the bond between parent and child, parental history, and the ability of parents to cooperate with each other. The location of parents and the schedules of parents may also play a role. Judges may also consider the wishes of the child.
Child’s Best Interests
Most important in the custody decision is to do what is best for the child. Courts will place a great deal of significance on the best interests of the child. Parents should also place their child’s health and happiness above all else when considering custody placement. While parents may be concerned about the logistics and location, as well as how the transfer will take place, the courts are more likely to place emphasis on what will ensure the child’s stability. You need to consider the welfare of the child, including how they feel about living in a particular location, how to provide for continuity in education, and their friends and activities, among other things.
How Is Child Preference Considered in Custody Decisions?
In some cases, the judge will consider the child’s preferences for custody. Young children are unable to make these types of decisions. However, once a child is old enough or mature enough to be able to understand the situation, the court may consider their wishes when making a custody decision. Children who are teenagers or even pre-teens may be asked to contribute their own desires to the court. However, the court will review the child’s preference along with all the other factors to make a decision. The child’s wishes must coincide with their best interests in custody decision-making.
After reviewing all the factors, the court may find that both parents are equal when it comes to custody of their children. However, true 50/50 custody is often difficult to achieve. Instead, one parent may be the primary custodial parent, with primary physical custody of the child. In such cases, the court may place greater weight on the child’s preferences when determining custody. This is particularly true in cases of older children. Parents are encouraged to come to an agreement, and they can do so with input from their children. This will prevent the court from having to make the decision.
Child custody arrangements may also need to be modified as the child gets older and their needs change. A child custody modification must be done through the courts to change custody. To learn more, contact our legal team at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to schedule a consultation.