About Law: Can Kids Decide Custody?

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.

Younger children’s opinions may be introduced through psychologists or family evaluations. 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 attempt to limit that how it improves there condition, i.e. closer to school, friends, better quality time and health issues rather than I like one 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.    




Thomas F. Ryan holds a law degree from the University of Miami and has been practicing since 1970. He is a general practitioner with a large portion of his practice in family law. He can be reached at ryanlaw@aol.com.