Custody orders don’t just affect the lives and schedules of parents. They also have a profound impact on the children in the family. Parents preparing for divorce typically need to work out arrangements for sharing custody of their children.
In many cases, especially when the children are older, they may have preferences regarding where they live or how much time they spend with each parent. Is there a specific age when a child has more of a say in the custody order established during a Massachusetts divorce or non-marital separation?
Older children have more influence
State statutes do not establish an age after which a child can express their preferences about custody during litigation. Instead, it is typically left to the discretion of the judge to determine their maturity and how much weight to give their preferences.
Frequently, teenagers may have an opportunity to express their wishes during custody litigation. They can inform a judge about which house they may prefer to live at or which parent they want to spend more time with after the divorce.
Usually, high school age is roughly when a family law judge may start giving a child’s preferences significant weight when they enter their final rulings. However, the actual final order is always based on what is in the best interests of the children, not simply what the children prefer.
Parents can avoid putting their children in the middle of a custody dispute by going through mediation to settle disagreements outside of court. If they cannot reach their own arrangements, then the courts may want to hear from the children when deciding what arrangement is best for a family. Working with a family law attorney throughout the divorce process can help parents pursue custody arrangements that work well for the entire family.