Parents planning for divorce often have questions about where their children should live. Even in scenarios where the parents try to split custody evenly, one of their homes must be the residence of the children, which influences what schools they can attend.
Parents frequently want as much overnight time with their children as possible after a divorce, but they may worry that the children might prefer to live with the other parent. Perhaps the other parent has long served as their primary caregiver and has a closer connection with the children currently. Maybe the other parent has become very permissive during the divorce in an attempt to be the fun parent.
Do the children get to decide where they live when their parents divorce?
Children are not fully autonomous yet
One of the reasons custody matters are so difficult to settle is that parents technically have control over their children. Judges or parents have to create custody arrangements that prioritize the best interests of the children.
Even teenagers generally lack the ability to fully contemplate the consequences of their actions and make choices that are ultimately in their own best interests. Older children, typically teenagers, do have the right to express their preferences as part of a litigated custody case.
However, a judge does not let the child choose where to live. Instead, they consider the child’s preferences, the strength of their opinion and the justification for that preference among a variety of other factors when making their final determination.
There is no age at which a teenager’s preferences carry more weight. Judges look at the child’s maturity and reasoning more than a set age. This is good news for parents because even in cases where the other parent may promise a very luxurious lifestyle or has a closer bond with the children, they still have an opportunity to see the children regularly. Children generally cannot refuse to spend time with a parent when subject to a custody order.
Seeking residential placement, or an equal share of parenting time, is possible even in cases where children express a preference for living with the other parent. Understanding the rules that govern custody matters in family court can help parents better prepare for negotiations and potentially for custody litigation.The post Can children choose where they’ll live post-divorce? first appeared on Philip A. Greenberg, P.C., Attorneys at Law.
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