Divorce for couples with children presents additional, often emotionally charged, challenges. Child custody decisions can be particularly difficult, straining the relationship between the child and the non-custodial parent. The realization that they will not have daily contact with their child can be overwhelming for most parents. If you are facing a custody dispute, you might be wondering whether your child can choose which parent they want to live with. Please continue reading as we explore when the court can consider a child’s preference and how our determined Monmouth County Child Custody Attorneys can assist you in navigating these challenging times.
How Old Must a Child Be to Weigh Into Custody Decisions?
Across the United States, judges have the discretion to consider a child’s preference in custody decisions. However, the child’s age and maturity level are key factors.
Generally, children 14 or older can state their preference. A child’s testimony must be based on sound reasoning. The court usually gives more weight to the preference of an older child. While a child can express a preference as to which parent they want to live with, it is by no means determinative as the judge must determine what is in the child’s best interest, taking into account the parent’s abilities to provide care and stability. Keep in mind they will also consider whether a child’s stated preference for one parent over another is due to coercion or leniency. If so, the court will be less inclined to give weight to the child’s preference.
When Can a Child Choose Which Parent to Live With?
In New Jersey, a child cannot definitively choose which parent to live with until they reach the age of 18. While there is no absolute age at which a child can make this decision, state law doesn’t allow them to have complete control over their living arrangements until they become adults.
As you can see, children in New Jersey can express a preference regarding their living arrangements post-divorce. However, the court’s decision hinges on what is deemed to be in their best interests. It’s important to understand the factors that influence custody decisions.
If you are facing a child custody battle, it’s crucial to seek qualified legal counsel. At Paone Zaleski & Murphy, we understand the intricacies involved in child custody cases. We will provide you with personalized attention and support, guiding you through each step of the legal process. Our legal team is prepared to help you understand your rights and how to best advocate for your child’s needs. Connect with our firm today to learn how we can fight for you.
