When parents are in a highly contentious divorce, their battles sometimes extend to how (or even if) they will share custody of their children. When parents can’t agree on a custody arrangement, a judge will decide it, based on the child’s best interests.
If you’re preparing for divorce and anticipate that a judge will have to determine how your child will divide their time, you will want to ensure that you can make a strong case for the custody agreement you’re seeking. You’re likely wondering if a judge can consider your child’s preference – especially if they want to be with you most of the time. If so, how much will their wishes determine the final decision?
What does the law say?
Kentucky law allows a child’s wishes to be considered if they’re old enough and mature enough to express them. Of course, a judge will want to ensure as much as possible that what the child tells them is indeed how they feel and that they haven’t been coached or otherwise influenced by one or both parents.
For example, if a child wants to live with one parent, a judge will ask why. Is it because they don’t want to move back and forth? Is their school closer to one parent than the other? Does one parent live in an apartment that prohibits dogs?
A judge will also consider the child’s relationship with each parent. For example, if one parent has done the bulk of the hands-on parenting because the other spends 80 hours a week working, having a 50-50 custody division could mean the child ends up spending hours with a babysitter.
Does a child have to testify in court?
Typically, when a judge hears from a child in a custody case, they speak with them one-on-one in their chambers rather than in a courtroom. The goal is for the child to feel free to speak openly and honestly. In some cases, judges ask a neutral third party, like a social worker or therapist, to talk with the child and report back to them.
Ultimately, if a judge does speak with a child at the center of a custody case, their wishes should be just one factor in deciding the outcome. A judge will consider each parent’s ability to care for the child and what kind of arrangement is in the child’s best interests – at least at the present time. Having experienced legal guidance will help you work toward the outcome that is best for your child.
