Many child custody disputes arise because parents have different ideas of what child custody should look like. Say that both you and your ex want sole custody of your child. Since you want fundamentally different things, there is no way to compromise, so the court is going to have to decide if sole custody or joint custody will be more reasonable.
But what about the influence of your child themselves? Say that your child has always been a bit closer to your former spouse, and you are worried that the child will ask to live with them, rather than you. Could this actually put your custody rights in jeopardy? Will the court just do whatever your child asks?
2 key details to consider
Your child may be able to have a say in how the custody arrangement is set up, but the first thing to remember is that their age plays a role. Courts typically only listen to the child’s preferences if that child is old enough and seems to understand the decision they are making and the potential ramifications. It is much different if your child is 17 years old than if they are seven years old.
The next thing to remember is that, even if your child is old enough to express their preference to the court, that does not mean the court is obligated to go along with what they want. Courts are focused on making decisions with the child’s best interests in mind. Often, the court still believes it is in the child’s best interest to live with both parents at different times, maintaining both relationships, even if the child would prefer sole custody.
This can be a complicated and sometimes contentious situation, so take the time to look into all of your legal options carefully.