As you and your spouse move toward a divorce, you may find yourself worried about the time you are going to spend with your child. Maybe they have a closer relationship with your partner, or maybe they have even told you they would like to live with your ex after the divorce.
If you are in this situation, it is important to know that children can sometimes make requests during child custody proceedings. But this does not necessarily mean they can choose exactly where they live, as the court is still going to issue a custody order that is in the child’s best interests.
Age plays a role
One thing to consider at this time is your child’s age. Often, children who are teenagers have more say in their own custody situation. If you have a child who is a high school student, the court may take their request more seriously than if your child is in elementary school. Young children may not even be asked for their preference, and decisions will be made for them.
On top of that, even if the court asks your child for their preference, that does not guarantee that they will set up a custody schedule that aligns with that request. The court will still consider what would be in that child’s best interests. This often means splitting custody between both parents so that you and your ex can maintain a relationship with that child moving forward.
Complex custody solutions
Parents often worry about their custody rights after a divorce, so you are certainly not alone in thinking about these issues in advance. When the situation becomes complex, make sure you understand your parental rights and the legal options you have to seek an appropriate solution.