The terms for a child custody order usually come from one of two sources. Divorcing or separated parents have the option of working with one another to set their own terms. They can agree on a specific division of parenting time and legal authority.
If they don’t agree, then a family law judge may ultimately decide how to allocate parental rights and responsibilities. The children who are subject to the order may have strong feelings about where they live or how much time they spend with each parent.
Can children help determine the terms set in a custody order?
Children’s preferences can guide a judge
Parents trying to settle their own custody matters might confer with their children. Other times, they may try to settle everything without involving the children to reduce the stress that they experience.
In cases where the matter requires litigation to resolve, the children in the family may have an opportunity to express their preferences to a judge. The child’s wishes are among the various considerations that can influence a judge’s custody ruling.
The judge should prioritize the child’s best interests, which means they have to evaluate the child’s maturity and reasoning when deciding how much weight to give their wishes. Children usually cannot refuse to see one parent unless there are compelling reasons, such as domestic abuse, to keep them away from that parent.
Learning more about what governs the allocation of parental rights and responsibilities can be important for parents adjusting to a changing family dynamic. Even those who have difficult relationships with their children still often receive shared custody or visitation rights.