Determining Custody: The Child’s Wishes

San Jose Child Custody Lawyer

Determining Custody: The Child’s Wishes

A custody dispute can be a deeply confusing and painful time for children. They often feel conflicted about where they wish to live after the divorce and may feel pressure to choose a “side” between their parents. For this reason, many parents try to relieve their children of the burden of making such complex decisions as where to live. For most children this is the healthiest approach.

Sometimes, however, a child will express a clear desire to live with one parent after the divorce. When this happens, both parents will understandably want to know how much weight the child’s wishes will carry with the judge. In fact, the judge will not automatically grant whatever custody arrangement the child asks for. Instead, he or she will consider many complex factors.

Does the Child Understand the Situation?

Naturally the first question the judge will ask is whether the child has enough knowledge and maturity to truly understand which parent will provide the best care, rather than which parent is more fun to live with. The judge will consider factors such as the child’s age, apparent maturity, and relationship with each parent before determining how much weight his or her request will carry.

Which Parent Can Best Provide for the Child?

The parent with whom a child wishes to live may not necessarily be the most apt caretaker. He or she may only be the most permissive, or the most “fun.” On the other hand, a child may have valid reasons for not wanting to live with a particular parent; he or she may be neglectful or even abusive.

For these reasons and more, a judge will work to gather full information about the home life provided by each parent, rather than taking the child’s word for it. The judge will consider information such as income and mental stability of each parent, and may speak with a social worker who is familiar with the entire family.

Once the judge has gathered adequate information, he or she will make a decision that may take the child’s wishes into account, but will not necessarily be exactly what the child wants.

Contact a San Jose Child Custody Lawyer

To speak with an experienced San Jose child custody attorney, contact the offices of Daniel Jensen today at 408-296-4100.