How Does Child Preference Influence Child Custody?

Aug 25, 2020

In a child custody case, a child may have a preference as to with which parent they primarily reside and how often they see the other parent. The child’s preference is one factor a court will consider in making a child custody determination. The amount of weight that a court will give to this preference depends upon various facts. For assistance with child custody issues, contact the Brighton Beach divorce attorneys at Levitsky Law Firm.

How does child preference influence child custody?

In all child custody cases, the court is supposed to act in the child’s best interest. In assessing the child’s best interest, the court considers several factors. One of the factors is the child’s preference.

The amount of weight that a court gives to a child’s preference depends upon the circumstances. Some things the court will consider in weighing the child’s preference includes:

  • The child’s age
  • Their maturity level
  • The reasons underlying their preference
  • Whether there is evidence that the child has been coached or influenced
  • The setting in which the preference was stated

Although the child’s preference is considered, the court will consider other factors and the child’s wishes do not necessarily determine the case. A court will also consider the wishes of the parents, the character of the parents, issues related to stability, the need to promote continuity in the child’s life, the relationship of the child with each parent, and other relevant factors.

How can a Brighton Beach divorce lawyer help?

A Brighton Beach divorce attorney can provide legal advice and representation to assist you with your child custody case. If your child has expressed a preference, we can help you present that information to the court in an effective manner. Contact us to learn more about how we can help with your case.