When parents of minor children decide to go their separate ways, one of the most difficult decisions they will have to make is which parent will have primary custody. It’s important to understand that the court can consider the child’s custodial preference. However, they will consider their age and maturity level to ensure they can make rational judgments. Please continue reading as we explore what age a child can express which parent they want to live with during custody proceedings and how our adept Bristol County Child Custody Lawyers can assist you during these challenging times.
How Old Must a Child Be to Weigh Into Custody Decisions in Massachusetts?
In Massachusetts custody proceedings, there is no specific age at which a child can state a preference for who they want to live with. However, courts will consider a child’s opinion if the court determines they are mature enough to provide a rational opinion. Judges typically give more weight to the opinions of older teenagers rather than younger children. A child below 10 may not be developmentally mature enough to fully understand the implications of their choice. Younger children’s preferences can be swayed by their parents’ manipulation, preventing them from forming opinion that truly reflects their best interests.
The court will assess whether a child’s preference for one parent over another is due to persuasion or leniency. If the court determines a child is not able to make an independent decision, the court will not give as much weight to the child’s preference. The court’s primary focus is always on determining what is in the child’s best interests. The court will consider a multitude of factors when making custody decisions, including the child’s unique needs, each parent’s lifestyle, the suitability of each parent’s residence, and more. It’s important to understand that children cannot definitively choose where they live until they are at least 18 years old.
Do Children Have to Testify in Court About Which Parent They Want to Live With?
Generally, courts don’t have children attest to their choices in court because it can impose a major psychological burden on them. Judges are cautious when involving children. However, they have various options to minimize the negative impact on the child while still learning the child’s custodial preference. Children will communicate their thoughts to a judge, a custody evaluator, or a guardian ad litem.
In most cases, the court will conduct an “in-camera” interview. This is an informal hearing that takes place in the judge’s chambers without the parents present. This private setting allows the child to express their preference without feeling pressured or intimidated by either parent. While attorneys may be present, the judge will ask the questions.
At The Law Offices of Cynthia L. Hanley, P.C., we understand what is at stake. Our legal team is prepared to guide you through the intricacies of child custody laws. Connect with us today to learn how we can fight for you.
