In Massachusetts divorce proceedings, determining child custody is one of the toughest decisions. The court assesses numerous factors to establish a suitable arrangement, given the unique circumstances of a case. One factor the court will take into account is the child’s parental preference, assuming they are of sufficient age and maturity. Parents often wonder how much their child’s preference weighs on the court’s decision. Read further to understand how Massachusetts courts evaluate a child’s wishes and the ways an experienced Bristol County Child Custody Lawyer can fight for you. 

Do Massachusetts Courts Take a Child’s Preference Into Account?

When determining a suitable parenting time arrangement in Massachusetts, courts consider several factors. While a child’s expressed desire for one parent is considered, it’s merely one of numerous considerations and is not the sole determinant. The foremost concern for Massachusetts courts is always the best interest of the child. The weight of a child’s parental preference depends on: 

  • The Child’s Age: Young children (usually under 8-10) typically have minimal influence on the court’s custody decision, while teenagers (14 and older) often have their stated desires given serious weight. 
  • Reason for Preference: The court will investigate the motivations behind the child’s custodial preference. If a preference stems from less parental discipline or undue influence, it may be disregarded by the court, and they will evaluate other evidence. 

Ultimately, the child’s preference is simply one factor among several, and it will be rejected if it in any way compromises their overall well-being, safety, or general welfare. 

Do Children Have to Testify? 

In most cases, Massachusetts courts find it a huge burden on children’s mental health to make them choose one parent’s side. Therefore, judges are very careful about involving children in their parents’ court battles. The courts employ various strategies to find out what a child wants without causing too much stress. 

The judge will often speak to the child “in camera,” which simply means an informal chat in their chambers. This method prevents the child from feeling pressured by their parents watching or worried about getting in trouble for siding with one parent over the other. It should be noted that parents aren’t present during questioning. Legal counsel can be there, but the judge usually does all the talking. The judge has the discretion to decline a child interview, particularly if there is a concern that a parent is unduly influencing their statements. 

In some cases, courts will appoint a guardian ad litem to ensure the child’s best interests are prioritized above all else. This individual can tell the judge what the child prefers without the child having to go into the courtroom. 

To safeguard your rights and the future relationship between you and your child, it’s in your best interest to reach out to The Law Offices of Cynthia L. Hanley, P.C. We are prepared to help you navigate this difficult time. Contact our office today to schedule a consultation.