Parents who no longer live together may find themselves struggling to establish workable arrangements for shared custody. Even before they finalize a divorce, the family requires a basic arrangement to share parenting time.
They need to negotiate a schedule for sharing time with their children or ask a judge to resolve their disagreements. During a litigated custody case, both parents can present information about their preferences and family circumstances.
A judge is bound to consider the best interests of the children when settling custody disagreements. When might a judge consider a child’s wishes when reviewing contentious custody matters?
Many teenagers can have their say
In some states, children as young as eight (or even younger) may have to give statements regarding their custody and living arrangement preferences. California does not put young children in that challenging position.
Instead, 14 is usually the minimum age for a child to have a judge take their preferences into consideration. Younger children can assert themselves as well, but their wishes may carry less weight.
Children don’t get to choose where they live or the overall division of parenting time. At most, their wishes are one of many factors that the courts take into consideration when dividing parental rights and responsibilities.
Even when teenagers are relatively confident and mature, the need to state a preference can be stressful and potentially damaging to their relationship with their parents. Those who want to minimize the stress their children experience may choose to work cooperatively to settle custody matters outside of court.
Learning more about California’s unique custody statutes can help parents as they prepare for negotiations or a hearing in family court. Seeking legal guidance is a good way to get started.