When it comes to family law issues, determining child custody is a sensitive matter. To this end, having quality legal assistance is crucial to ensure your rights and those of your child. One of the most common questions facing lawyers is whether the kid’s opinion plays a role in the final decision. Though the answer is not straightforward, below is some guidance on how custody is determined, and how much weight a child’s wishes are given in the process.

Factors of Age & Maturity

In most cases, how old your child is when custody is being determined plays a significant role in whether their word will make an impact. Usually, courts are less likely to honor the opinion of younger kids, as they may fail to grasp the situation in all its complexity, and, as a result, their wants and desires may run counter to what’s best for their overall well-being.

However, kids 12 and older are typically allowed to voice their opinions regarding which parent they choose to live with. In all cases, the best interests of the child at the center of the custody battle are important, so if they voice a concern regarding a living situation, the judge will take that into consideration.

Consistency Is Key in Family Law

While a child’s opinion is a factor in determining custody, many courts prefer consistency to a drastic change in living arrangements. That means if a kid wishes to live with one parent over the other and this would entail a change of school, for instance, the court is less likely to honor that desire. Divorces can be traumatic for kids under the best of circumstances, so many judges try to mitigate the stress associated as best they can.

When you need assistance with tough family law issues or other concerns, Dennis P. Faller, Attorney, in Wapakoneta, OH, provides extensive experience and quality legal counsel to ensure the best possible outcome. Schedule your consultation with the family law attorney today by calling (419) 738-4578. For the full listing of practice areas offered by the firm, visit the website.