Divorce can have a significant impact on you and your spouse as you grapple with the loss of one of the most important relationships in your life. However, you’ll also learn that a divorce can have a significant impact on your children. As such, it’s important to help them navigate this time as well. One of the most common questions parents and children alike have is whether or not the child will have a say in the outcome of a custody matter. The following blog explores what you should know about a child’s preference and the importance of working with Long Island child custody lawyers to help you and your family fight for the best possible outcome.
What Factors Influence a Court’s Custody Decision?
First and foremost, it is necessary to note that when handling a custody matter, the court will adhere to the “child’s best interest standard.” Essentially, this means that the court will make a decision for the child based on what it believes to be the best outcome for the health, well-being, happiness, and success of the child. As such, the court will not consider the wants or desires of the parents.
Additionally, in most instances, the courts will try to award joint custody when possible. This is because they believe that spending time with both parents is in the best interest of the child. However, as the courts examine a number of factors, this belief may change based on the information that is uncovered. As such, the courts will consider the following:
- The age and health of each parent
- The ability of each parent to provide a safe and stable home for the child
- The willingness of each parent to co-parent
- The income and job demands of each parent
- Where each parent lives in relation to one another
- Where each parent lives in relation to the child’s school, friends, and extracurriculars
- Any allegations of drug abuse by either parent
- Any allegations of child neglect or physical abuse by either parent
Can the Court Take a Child’s Preference Into Consideration?
One question many parents have when going through a divorce is whether or not their child’s preference will be considered during the custody decision. The answer depends on several factors, however. First and foremost, the court does acknowledge the fact that a child may have an opinion on where they reside after the separation of their parents. However, the court must still focus on the child’s best interest. As such, if they find reasons that it would not be beneficial for the child to remain in their preferred custody arrangement, the courts can order otherwise.
You should also note that there is no set age at which the courts will deem a child mature enough to share their opinion on these matters. However, the older the child is, generally, the more weight their preference can carry. Additionally, you should note that the court will consider the reasoning behind the child’s preference. For example, if the child wishes to remain in the custody of their mother because she does not implement a curfew or care about chores, the court likely would not give much weight to this matter.
As you can see, custody is often an incredibly contentious matter to navigate. That is why working with an experienced attorney with Sklavos Law Firm is in your best interest. Our team understands the complexities of family law cases, so you can rest assured that your case is in competent hands. Connect with a member of our team today to discuss your circumstances and learn how we may assist you.
