Sometimes, parents establish their own custody arrangements. They agree on what is necessary given the parents’ schedules and the needs of the children. Other times, it can be very difficult for separated parents to work together to settle custody matters.
They may need a judge to decide what is in the best interests of their children. During litigated custody cases, family law judges have to learn about the family and make decisions about what is appropriate. The children’s needs, the relationships within the family and even household schedules can influence custody determinations.
Children’s preferences can sometimes influence custody proceedings
There is no set age when a child or teenager can influence custody matters. State law requires that judges make determinations on a case-by-case basis. They consider the child’s age and maturity level. The reasoning behind their preferences can also be an important consideration.
Judges may ask children where they prefer to live or how their relationships are with each of their parents. That information, combined with other details about the family circumstances, can guide the judge as they allocate parental rights and responsibilities.
Children, even older teenagers, do not get to set custody terms for the family. In some cases, the need to speak with the judge or testify about preferences can be a source of stress for children and teenagers.
Reaching amicable custody arrangements is often preferable because it gives parents more control and reduces the stress the situation causes for the children. This is just one example of the reality that understanding the factors that influence child custody determinations may help parents decide how to handle disagreements about co-parenting more effectively.