Children who share time between two households often express their opinions and desires regarding which parent’s household would provide them with the best environment for growth and learning. A child’s expressions become more articulate as the child grows older and, at that point, a judge may consider the child’s wishes when making decisions regarding child custody. However, here are two (of the many) things judges generally take into consideration when deciding to include a child’s wishes in his/her analysis of the child’s best interest.
- The age of the child. Generally, judges begin to consider a child’s wishes around the time the child turns 10-13 years of age. Each child matures at a different rate dues to life experiences and other environmental factors
- The substance of the expressions. A child who desires to reside with one parent rather than the other due to the fact one parent is “more fun” than the other parent is generally unconvincing. On the other hand, if a child can express to the judge how a parent provides an environment in which the child might thrive, including discipline, education, routines, and recreational activities, the judge would likely give the child’s wishes more weight.
A child’s wishes are simply factored into a judge’s analysis when making decisions regarding child custody. In other words, a child’s wishes do not control a judge’s decision; instead, a child’s wishes may be relied upon by the judge during his/her analysis of several other factors.
At Racine Olson, our child custody attorneys are located in our Pocatello, Idaho Falls, and Boise offices. Our family law attorneys will help you with your divorce, including child custody issues, throughout Idaho, including Firth, Malad, Montpelier, Preston, Soda Springs, American Falls, Blackfoot, Pocatello, Idaho Falls, Rigby, Twin Falls, Rupert, Burley, and Boise.
Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Nathan Palmer and the Racine Olson team of Idaho child custody attorneys in Pocatello, Idaho Falls, or Boise. You can also email Nathan Palmer directly at nrp@racinelaw.net.
This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer for advice on specific legal issues.