Custody orders govern co-parenting relationships. They dictate how much time parents have with their children and even how they share parental authority. If parents can agree on terms for shared custody, they can establish their own custody arrangements and ask the courts to approve them.
If parents cannot agree, then the courts settle their disputes in a litigated custody case. A judge hearing from parents who disagree about custody matters must consider several unique factors when deciding what is fair and appropriate.
Do judges defer to the stated preferences of the children who are subject to a custody order?
Children may not always act in their own best interests
Children and teenagers are too young to really understand the implications of their choices and preferences. They frequently make decisions based on emotional responses or without considering the long-term consequences.
As such, judges do not let children dictate custody arrangements during a litigated custody case. If the child is 12 years old or older, a judge may consider their stated preferences, in addition to other factors.
Judges must try to make decisions that reflect the children’s best interests, which usually requires maintaining a connection with both parents. Even in cases where children have a challenging relationship with one parent, it is standard for parents to share time with and control over their children unless there are extenuating circumstances.
Reviewing family circumstances with a lawyer can help parents prepare for child custody hearings. In cases where older children and teens share their preferences, their wishes can influence a judge’s ruling but will not determine the exact arrangements established by the courts. An understanding of the law and what a judge considers can make it easier for parents to strategize for the best possible outcome.
