If you are currently embroiled in fights about custody arrangements, you may be wondering if your child’s preference can make a difference. If your child prefers your home, that can definitely be a factor. However, it is far from the only factor the court will consider. If you want to make a more convincing argument, our Morris County, NJ child custody attorneys may be able to assist you.
Does a Child’s Preference Affect Custody Arrangements?
The child’s preference can certainly be discussed during negotiations over custody. If the child is 14 years of age or older, they can be allowed to state their preferences and the court can seriously consider their opinion.
The age and maturity of the child are not the only things that matter here. They also have to give reasons for their preference, and some of them don’t stand up to scrutiny. For example, if the child’s preference for one parent is due to the fact that they have their own room and space away from their siblings at their home, that can certainly be a consideration. However, if they like one parent’s house because there are lax rules and they do whatever they want, that’s not going to be considered a strong argument because it doesn’t seem like it’s in the child’s best interest.
Is a Young Child’s Preference Considered By the Court?
Generally, the court is not going to consider the child’s preference until they reach the age of 14 years old. Unfortunately, there is a worry with younger children that one or both parents may try to influence their testimony. Many kids aim to please, and their mother or father coaching them to answer questions in certain ways can make a big difference.
So a child’s preference can matter in a custody case. The age and maturity level of the child are going to be a big factor though.
What Else Can Determine Custody?
The best interest of the children is the most important thing here. A child’s preference can matter, but if the court weighs other factors and decides that a certain parent is a better fit for the custodial parent role, that’s that. Some other elements that can be considered include:
- The stability of both households
- The mental and physical health of both parents
- How the parents cooperate and co-parent
- Whether each household is safe for the children
- The previous relationship parents had with their children
- The work schedules of both parents
The best arrangement can only be reached after all of these important elements are carefully considered.
Talk to Our Family Attorneys
When you are fighting for custody of your kids, you should not be doing it on your own. Contact Townsend, Tomaio & Newmark, L.L.C. to schedule a consultation with our legal team. We can tell you more about how a lawyer from our firm can be of assistance.
