Can a child decide who has custody over them?
One question that a lot of children may ask when their parents are going through a divorce is whether they have any say in the decision on custody. In some cases, children do have the opportunity to inform the court of which parent they would rather live with, but it depends on a variety of circumstances. The court is always going to make a custody decision based on the best interests of the child. If one parent is significantly more suitable to provide the child with the best care, they may be granted sole custody.
If the child is old enough to make sound decisions for themselves, the court will have a better chance of giving them the custody agreement they want. However, if the child is 8 years old and wants to stay with dad because he lets the child stay up late and skip school, the court probably won’t agree that this custody agreement is in the child’s best interests. Of course, the child’s opinion is not the only thing that the court takes into consideration. Some of the other factors may include the age and health of the parent, the parent’s ability to provide a stable home life, and more.
If you believe you are headed towards a bitter custody battle, it is important for you to have strong legal representation from an experienced family law attorney. Contact our firm today for quality legal representation when it matters most.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.
