Can a child choose where they want to live in a custody battle?
Can a child choose where they want to live in a custody battle?
Custody battles can be difficult. You might find yourself asking if you're making the best decisions for your child and how you can best help him or her handle the situation. When children are involved, it's natural to consider what would be in their best interests. When you're thinking about custody situations, it's important to remember that, by law, children have a right to know and be cared for by both of their parents. However, when a divorce happens and there's a dispute over custody, it may be natural to think of what is "best" for the child if they aren't living with both parents all the time.
In some circumstances, one parent may have more opportunities than another parent that would strengthen his or her ability to provide for a child—such as if one parent is stationed overseas with the military or if one parent is a full-time student. The idea of allowing children to choose where they want to live could mean that they might not understand what their choice means and could cause them emotional distress. The court will look at factors such as age, gender, needs of the child, and wishes of the parents in making decisions about where a child should live.
While evaluating parents' schedules, proximity to schools, and their financial situations, it can be hard to imagine that children would want any say in where they want to live. It seems like an impossible task for a child to decide between two homes with different personalities, routines, and friends.
If you have any questions or in need a Child Custody Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506