Introduction: Multiple Factors Impact Custody Determinations
Custody cases are never easy. A marital dissolution becomes much more complicated when it involves children. In an ideal world, parents will always be able to work out custody arrangements privately, between themselves, with minimal friction and very minor involvement from the court system. In reality, of course, this often doesn’t happen, and parents frequently need to use litigation as a method to help resolve custody disputes.
When parents cannot privately agree, courts step in and assist in determining legal and physical custody. One of the key things parents should be aware of is that many factors go into the analytical process involved in settling these issues. In other words, courts don’t simply use one or two factors in making these determinations, but instead refer to a broad array of different factors. Some of these factors include each parent’s relationship with the child, each parent’s financial condition, each parent’s current emotional condition, each parent’s employment situation, past instances of family or domestic violence, past instances of child neglect or abuse, any history of substance abuse, and so forth. In this global assessment, the opinion of the child (or children) can also be relevant.
Key Point: All Determinations are Based on the “Best Interests” Standard
Another key point which parents should be aware of is the fact that courts ultimately view all relevant factors according to the “best interests of the child” standard. In other words, when courts make custody decisions, they use this best interests standard to guide their decision-making. Every custody determination needs to harmonize with this standard. Hence, even if a child is mature enough to express a preference for a certain parent, judges won’t simply yield to this preference automatically. A child’s opinion, as we will discuss more, is just one potentially relevant factor among many others, and ultimately the opinion can be outweighed by other factors which point in the other direction.
Children Must Be “Mature Enough” to Express an Opinion
To address the question posed by the title, at what age does a child’s opinion or preference become relevant in these determinations? The answer is that there is no specific age, but a child’s opinion will be considered as a relevant factor when the child is “mature enough” to give a “reasoned and independent” preference. In other words, it’s a case-by-case determination as to whether a child’s opinion might have weight, and the determination rests with the judge. Judges will review all the information and make an independent decision. Fortunately, the court doesn’t require children to testify about their custody preferences. Judges can interview children privately in their chambers or have an evaluator interview them separately and then relay their preferences to the court. Of course, children have the ability to testify, but again this isn’t a requirement.
Even if a child is mature and expresses an opinion, the court doesn’t always grant the child’s wishes. For example, if a child prefers to live with a parent who has a history of substance abuse or domestic violence, the court may prioritize other factors over the child’s preference.
Contact the Drake Law Firm for More Information
If you would like to learn more about the potential impact of child opinions in custody determinations, custody issues in general, or another related matter, contact one of the family law attorneys at the Drake Law Firm today by calling 720-679-8813.