When Can a Child Decide Which Parent to Live With?

Children of all ages may express a preference about which parent they want to live with when custody is contested between the parents. Children certainly have their right to express their opinion. In some instances, it may even be a large factor in the court’s ultimate decision. However, the child’s wishes are not going to be the “be all and end all” in every custody case. In other words, it is never a child’s decision about where they will live. As a parent, you need an experienced family law attorney to present your case, and you would need to persuade the judge to consider every facet and angle of the situation.

The Court May Consider a Child’s Wishes as Part of Many Factors

In the end, it is the court which decides where the child lives. Depending on the age of the child, they may be given some input into their own situation. The older the child, the more weight the judge may give their preference. However, it is the judge who makes the final decision and not the child. The judge’s decision would be based on the best interest of the child, and their own input could be one of the factors in the determination.

Kansas law allows the child’s wishes to be considered in the best interests test if they are of “sufficient age and maturity.” Other states may assign a specific age to the point when the child is given some say into their own living situation. Kansas law makes it a more flexible situation, which can depend on the facts and circumstances. In reality, the judge would have discretion over determining whether to consider the child’s wishes based on their age and maturity. Then, a judge would also be able to apply their own discretion in how much weight they give the child’s opinion. They consider many data points in applying the best interests factors.

One thing that judges may need to be aware of is that a child may have been pressured by one of the parents into their opinion. As much as an older child should be listened to when they state their clear wishes, a judge may need to consider the circumstances behind them. For instance, a parent may be alleging that the child has been improperly influenced by the other parent, and there may be parental alienation at work. Here, it makes sense for the judge to dig somewhat deeper to learn more of the true facts. If they find that there has been some alienation, the judge may either discount the child’s opinion or give it less weight.

The Trial Judge Has Discretion in How to Weight the Child’s Wishes

What is important to know is that the trial court judge has discretion in making a custody determination when they are applying the best interest test.

Contact a Kansas Family Law Attorney Today

For help with any child custody matter, reach out to the experienced family law attorneys at Colgan Law, LLC. We can evaluate your specific situation and help you with a path forward. You can schedule an initial consultation with one of our Kansas family law attorneys by visiting our website or by calling us today at (913) 721-9999.