When going through a divorce, one of the most important things for parents to decide is where their child is going to live. Some parents will mutually agree to share custody rights, and things may be fairly straightforward. But other parents may have conflicting interests, such as when both want sole custody.
In these cases, the court may have to determine where the child is going to live. One thing that parents often wonder is whether their child is able to choose their living situation on their own. For instance, if your child has expressed a desire to live with your ex instead of you, does that mean your custody rights are at risk?
The child’s best interests
The main thing to remember is that the court is going to look for the custody arrangement that aligns with the child’s best interests. This may mean that the court asks the child for their opinion or if they have any preference.
However, this is often only done when children are older, such as those in their teenage years. For younger children, the court will often make the ruling without asking for their input because they are too young to understand the ramifications of their decision.
On top of that, even for older children, the court does not have to honor their request. It is just one factor that the court considers, along with many others. Even if your child asks to live with your ex, if the court believes it is better for them to see both parents, they can still order shared custody.
Navigating a custody case
Child custody cases can become complicated and contentious. Be sure you know what legal steps to take as you go through this process.