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Considering the Child's Wishes When Determining Child Custody
Question: How much weight does the child's wishes have on whether or not the court grants custody to a parent?
The short answer is it depends. Some courts will consider the child's wishes to be a determinative factor for a . However, for the most part, a child's preference is not considered as a significant factor. Here is more information about a court's decision on whether to consider a child's wishes during a :
Factors Considered Regarding the Child's Wishes and Child Custody
During a , a court may decide to hear the testimony of a child to assist in the court's. In using the standard, a court will consider the following factors:
- Child's age
- Child's maturity
- Child's ability to make an informed, reasonable decision
In deciding how much weight to put on a child's wishes, a court will consider the following factors prior to making a :
When a parent has been accused or convicted of , a child may not wish to reside with the parent, especially if the child witnessed or was the victim of the domestic violence. In instances of , a court will most likely consider the child's wishes as a significant factor in determining whether or not a parent should get custody of a child.
Lack of a Relationship
Courts may hear the child's testimony through a guardian ad litem about the child's relationship with the parents. Although, courts will consider lack of a relationship as evidence of a child's desire to reside with one parent over the other, most courts will allow a parent an opportunity to heal the relationship with the child in spite of past issues.
Siblings in Primary Parent's Home
A court may hear a child's testimony about preference to reside with one parent if a child doesn't want to spend time away from his/her siblings. A court may determine that it is in the child's best interests to be with his/her siblings.
Despite the information mentioned above, a child's preference rarely has significant weight, as most courts allow a parent the opportunity to form a significant relationship with a child, in spite of the past. For more information about the refer to about your state or speak to a qualified attorney in your state.
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