Can My Teenager Choose Which Parent Gets Custody?
Divorce impacts more than just you and your spouse. If you have children, the issue of custody must be addressed. The ideal situation for most parents is to get joint custody, but it is normal to worry about whether or not your child has a say in who he or she lives with. If you have a teenager, for example, would he or she have a say in the matter? Could your teenager end up living with your spouse instead of you just because he or she wants to?
States Are Different on Preference
There are different regulations in different states. For example, in Texas, a child twelve or older can give their thoughts on where they might want to live, but they are not told they can make the decision. The states are only different on whether or not they will interview the child to see what their decision is. In no way is a minor able to choose which parent they want to live with, it is ultimately the court's decision.
If you tell your teenager that they can choose who to live with or ask them who they would choose before the proceedings, you are giving them false hope. While it is true that judges in a number of states will consider what a child has to say, the judge makes a final decision based on what he or she considers to be in the best interest of the child regardless of what the child wants. If you find yourself in this situation, just tell your child the interview with the judge is part of the process. Tell your child to be honest and not worry about the interview with the judge.
How Does the Court's Decision Affect Them?
If the court decides to give primary custody to one parent, it is important to talk to the child about the decision. Your child needs to know the decision was made based on what everyone believes is best for him or her. It is vital for children in this situation to understand both of their parents still love them regardless of what decision was made.
Even if the divorce and custody battle gets ugly, you have to leave your children out of it and avoid pitting them against one parent or the other. There is nothing wrong with letting your children voice their opinion, but you have to be careful not to give them false hope about the situation. Contact a lawyer, such as Harold Jarnicki Attorney At Law, for more information.
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