When going through a divorce, you and your spouse may not agree on what your child custody rights should look like. Say that both of you want to have sole custody after your marriage ends, rather than sharing custody. Your spouse suggests just giving the decision to your child. Ask them which parent they want to live with and let them decide what their future looks like.
This may be concerning to you, especially if you are worried that your child would choose to live with your ex and not you. But is it even something the courts will allow?
Considering the child’s opinion
The thing to remember about divorce court is that it is typically focused on the child’s best interests. If the child is old enough, the court may consider their opinion. If they are a senior in high school, for instance, then what they want could carry a bit more weight with the court than if they are in elementary school—when they generally would not even be asked for their preference.
But no matter what your child says, the court is still going to make the decision that it believes is best for that child’s future. Often, this means that courts prefer joint custody, rather than assigning sole custody to either parent. So even if your child distinctly states that they only want to live with your ex, if the court believes it would be better for them to have a relationship with both parents, it can still set up shared custody.
Navigating a situation like this can be complex and emotionally difficult, so it is important to understand exactly what legal steps to take.