When parents no longer live together, they generally need to figure out how they can share custody. They need to divide parenting time and legal authority. There may also be an obligation to provide financial support for the children.
Even when the children in the family are still minors, they may have strong feelings about their living arrangements when their parents are no longer together. Can they influence the terms of a custody order?
Parents may listen to their children
Many custody arrangements are the result of cooperative negotiations between the parents. If they agree on specific terms, then they can submit paperwork to the courts requesting approval of their uncontested custody arrangement.
The courts may consider the children’s wishes as well
During custody litigation, family law judges learn about numerous family details when deciding what they believe is in the best interests of the children. They may hear from the children as part of that process.
Typically, the child’s age and maturity, as well as the reasoning they provide for their request, may influence how much a judge considers their wishes when setting the final terms. Children don’t necessarily have the authority to dictate where they live or how their parents share parenting time, but their wishes can impact the final terms set by a family law judge.
Understanding the process that goes into establishing a custody order can help parents prepare for one of the most challenging elements of separating their lives. The wishes of the children and family can be a consideration, but generally do not dictate terms set by parents or the courts.
