Legal: Children of Divorce Can Have Some Say which Parent They Will Live with
Q: Do children get to have a say in which parent they live with in a custody fight?
A: They may have some say. They may be able to testify depending on their age and maturity. But it may not be ideal to put such pressure on young children.
Younger children’s opinions may be introduced through psychologists or family evaluations. However, in general, the courts try to keep the children at a distance from the decision. The reason for this is due to the pressure it puts on the children to testify against one of their parents.
Further, if the court allows it, the parents may try to alienate the child from the other parent to show they are the best. So, for the best interest of the child, the courts attempt to make the best decision without direct input from the child.
With older children, they may let them testify. The court usually attempts to limit that how it improves their condition (i.e. closer to school, friends, better quality time and health issues rather than “I like one parent better than the other”). Of course, exceptions occur in cases where abuse is claimed. In those instances, the court has a greater array of tactics it can employ to find out what the children are saying.
