Child Preferences in Custody Cases
If my 13-year-old daughter tells the judge that she wants to live with me, is that what the court’s going to order? That’s the question that had come into us online that I’m answering for you, generally speaking.
And if we’re talking about a custody case of a child, normal custody case, and a paternity case, a divorce case, then there is a statute that has this rule of 12 years old, where at the age of 12, there’s a presumption that the child can make an intelligent preference.
Legal Considerations
So one, it’s a presumption. It’s not absolute. So the court could look into it with more detail and establish, you know, this child, that’s 12, is not quite there to be able to give an intelligent preference, or it could be a younger child that it’s able to be shown is to that level of maturity and intelligence to give an intelligent preference. But that’s just the first step.
Once you have the intelligent preference at that age, then the court should hear what the child has to say. That is not a requirement that the court go along with it. However, the court’s going to take that into deep consideration. And unless there’s a lot of other good reasons, a lot of times the judge is going to go along with that.
Importance of Child Preference
But is it automatic? No. So just because your 13 year old tells the judge she wants to live with you does not automatically mean the judge is going to order that, but it can be very important. So it is definitely part of the equation that you want to establish if you’re presenting a case to the court and as attorneys in custody cases, we definitely look at the preference of the children and whether we can use that to get the most equitable, fair result possible, but it is not absolute.
So if you’re dealing with that circumstance, it’s going to be very dependent on the facts. So you’re going to want to talk about that privately in confidential with an attorney to get specific legal advice for you.
Consult an Attorney for Personalized Advice
To get an appointment scheduled with an attorney at my office, you can go online to MakeLawEasy.com. Our experienced team can provide you with the tailored legal guidance you need to navigate your custody case effectively.
