One thing that you often hear parents express worry about during a divorce is losing time with their children. They want to share custody and have the children live with them at least part of the time.
What they’re worried about isn’t just the fact that their ex may want sole custody. They’re also concerned that the child may prefer to live with their ex. They believe the myth that children simply get to pick where they live in a divorce and the court will go along with it.
So how does it really work?
If it’s a myth that children get to choose where they live, you’re probably wondering how the system is going to work and whether or not children have a voice. The fact of the matter is that some children, especially teenagers and other older kids, will be given a voice in court. They can tell the court which parent they would prefer to live with or if they have any other desires regarding the custody situation.
But it still doesn’t mean that they’re simply choosing where they’re going to live because the court has a lot of other factors to think about. The child’s desires are just one of those factors. They’re also going to consider things like maintaining stability in the child’s life, giving them a safe living situation, maintaining routines that they may have had, keeping them with their main caretaker from prior to the divorce, and much more. They may even consider things like the mental and physical health of the parents or the child.
In other words, there are a lot of factors that go into this and the court isn’t just going to blindly side with the child. If you’re worried about losing custody time, carefully consider all of the legal options that you have.