- Key Takeaways
- Role of a Guardian ad Litem in Child Custody Cases
- When Can a Child Testify in Court Regarding Parental Preference?
- Custody and Visitation in a Child Custody Case
- How Is “Best Interest of the Child” Determined?
- Why Work With Cordell & Cordell
- Contact a Child Custody Attorney to See How We Can Help
- Frequently Asked Questions
- Key Takeaways
- Role of a Guardian ad Litem in Child Custody Cases
- When Can a Child Testify in Court Regarding Parental Preference?
- Custody and Visitation in a Child Custody Case
- How Is “Best Interest of the Child” Determined?
- Why Work With Cordell & Cordell
- Contact a Child Custody Attorney to See How We Can Help
- Frequently Asked Questions
Key Takeaways
- Children maybe assigned a guardian ad litem (GAL) to represent and advocate for what’s in the best interest of the child during custody disputes.
- Once a child reaches age 12, a judge might consider their preference when making final decisions on child custody orders.
- Generally speaking, the older a teen is, the more weight their preference will carry in family court decisions regarding custody arrangements.
- Working with an experienced child custody attorney is important to improve your chances to maintain access to your child or gain custody of your minor children.
Divorce is not an easy process. When there are child custody issues to sort out, it becomes even more contentious. Some parents, want to leave the custody decision to the child.
That raises the question: At what age can a child choose a parent with whom they want to live?
Your state might have laws that list a specific age when a child can decide or give input regarding the child custody decision. Contact Cordell & Cordell in your state to see if your child’s wishes factor into your custody case.
Role of a Guardian ad Litem in Child Custody Cases
In high-conflict disputes, some states will appoint a guardian ad litem (GAL) to help investigate the case, no matter the age of the minor child, to determine what is in the child’s best interest. The GAL usually interviews the child to try to determine their preferences and the reasons behind those preferences. It is very important for parents to be honest and upfront with a GAL as they carry out their job.
When Can a Child Testify in Court Regarding Parental Preference?
Often, children may testify when they are mature enough to understand and truthfully take the oath to testify. Still, the reasonable preference of the child is typically just one factor the court uses to determine their best interest.
- Typically, a 12-year-old child is considered old enough to testify.
- Judges will give a child’s custody preference more consideration when they are older.
- Older teens are usually mature enough to provide logical reasons for their preference in child custody matters.
- Courts more often follow teen preferences if they provide logical reasons.
- Child custody laws often require the GAL to consider the child’s preference.
Some judges might decide that even allowing the child to state a preference goes against their best interest. Asking a child to choose between parents isn’t necessarily fair to them.
State laws regarding preference testimony seek a balance between putting children in the middle of the child custody dispute and ensuring their testimony is as reliable as possible, no matter the age of the child. It’s a good idea to contact a family law attorney licensed in your state to learn how your state handles a child’s testimony.
Custody and Visitation in a Child Custody Case
Different Types of Custody
- Sole or primary custody, is when one parent is granted physical and/or legal custody of the child.
- Joint custody is when parents are equally given rights in physical, legal, or both types of custody.
- Physical custody refers to the time a child spends with each parent.
- Legal custody involves the right to make important decisions regarding the child’s life, including but not limited to education, healthcare, and religion.
In many cases, one parent is granted physical custody while both parents share joint legal custody.
How is Visitation (Parenting Time) Determined?
In cases where one parent is given sole physical custody, the noncustodial parent will usually have visitation (also referred to as “parenting time”) with their child.
Visitation details are determined by the judge based on the best interest of the child if parents cannot agree on such details.
How Is “Best Interest of the Child” Determined?
Courts will make their child custody and visitation decisions based on the best interest of the child. Several factors are taken into consideration, including but not limited to:
- Each parent’s capacity to meet the physical and emotional needs of the child
- Work schedule of each parent
- Parent’s closeness and involvement in the child’s life (including love and affection)
- Home environment and stability in each parent’s home
- Physical and mental health of each parent
- Moral fitness of each parent
- Willingness of each parent to promote and support a relationship between the child and their other parent
- Child preferences (depending on age and child’s maturity level)
- Other relevant factors a court deems important
The presence or absence of domestic violence in the home environment will also be considered.
Parents who are actively involved in their children’s lives and provide a stable, nurturing home are likely to be viewed more favorably by the court.
Why Work With Cordell & Cordell
Cordell & Cordell has a history of championing the rights of husbands and fathers. Founded in 1990, our firm has dealt with biases men may face in family law disputes, such as child custody and visitation.
Our philosophy is rooted in providing strong advocacy and representation to help men achieve fair status in the family court system. Our attorneys are trained and prepared to take a case to court to fight when a fair resolution through settlement is not possible.
Testimonials
“Everything was done well and competently, and everything seemed very above board.” – Philip
“Cordell and Cordell has it figured out and stream lined. I liked that I could see everything on the website including documents I had turned in. Keri was great. She was attentive and responsive. She was on top of everything.” – Richard G.
Additional Resources
- What Does Child Support Cover?: Child support generally covers food, clothing, and shelter. Individual states set formulas to come to the amount of child support to be awarded to the custodial parent.
- Research Shows the Importance of Fathers: Historically, society placed more importance on a mother’s involvement in a child’s life. Research shows dad’s involvement affects a child’s cognitive development and behavior while helping to positively shape their identity and social competence.
- Tips For Improving Co-Parenting Communication: The behavior of both parents directly impacts the children. They benefit from parents who can work together to raise them and keep their personal grievances away from the child. Learning healthy co-parenting strategies is in your child’s best interest.
Contact a Child Custody Attorney to See How We Can Help
Fathers who face custody cases should consult with an experienced child custody lawyer. While most state laws are gender-neutral, women may still be granted more favorable custody arrangements. The compassionate lawyers at Cordell & Cordell know and understand the challenges you face and will work hard on your behalf to see your rights are well-represented in a final custody agreement.
To schedule a consultation, call Cordell & Cordell at 866-DADS-LAW (323-7529) or fill out our online contact form, and a member of our team will get back to you.
To further assist, our law firm offers informational podcasts, town halls, and eBooks.
Frequently Asked Questions
Age may be a factor in child custody cases, but this varies from state to state. Generally speaking, the older a child is, the more their opinion may carry in court. The child’s maturity, relationship with their parents, and logical reasoning behind their preferences are often considered.
It is difficult to assess what a court will do in this scenario, but a court will always lean on what it deems is best for both children. The older child’s opinion may carry weight. Courts usually try not to separate siblings, but in some cases may rule for split custody.
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
