When you and your spouse decide that filing for divorce is in your best interest, it’s important to understand that this process will significantly impact not only your lives, but the lives of your children. One question many parents have regarding custody is if their child can choose who to live with. If you’ve wondered this question yourself, you’ll want to keep reading. The following blog explores what you should know about these complicated family matters and why working with a Long Island child custody lawyer is in your best interest.
Will the Judge Let a Child Choose Which Parent to Live With?
It’s important to understand that generally, you’ll find that the courts will take a child’s preference into consideration when determining custody matters. However, it’s important to understand that the child must be old enough. There is no definitive age at which a child can provide input regarding which parent they would like to live with. The judge will consider several factors when discussing this matter with a child, like their age, maturity, understanding of the situation, and their reasoning behind which parent they would like to live with.
For example, if a child wants to live with their mother because she doesn’t take grades as seriously and lets the child remain up past bedtime, the judge likely wouldn’t give this much weight. However, if they wish to remain in the care of their mother because her schedule better aligns with the child’s where the father’s does not, the judge will consider this when making custody decisions.
What Factors Influence a Custody Decision?
When making a decision regarding custody, it’s imperative to understand what factors the judge assigned to the case will take into consideration. First and foremost, the courts follow the “child’s best interest” standard. This means that above all else, the child’s best interest will be taken into consideration when making decisions regarding custody. For example, in the aforementioned example, if a child wants to live with their parent because they don’t care about grades or curfews, the judge may determine these factors go against the best interest of the child. As such, the following are some of the most common factors that are taken into consideration when determining child custody:
- The age and health of each parent
- Who the child’s primary caretaker was before the divorce
- The income of each parent
- The ability of each parent to provide a stable home for the child
- The job requirements of each child
- If any allegations of abuse arise
- If either parent has struggled with substance abuse
- If the parents are willing to co-parent
- Where each parent lives about each other and the child’s school, friends, and extracurriculars
- Any other factors the court deems relevant
As you can see, child custody can be an incredibly complicated matter to navigate. That’s why it’s in your best interest to connect with an experienced attorney. At Barrows Levy PLLC, we understand how difficult these matters can be, which is why we are dedicated to providing you with the best outcome possible for your unique circumstances. Contact us today to learn how we can fight for you.
