Yes, your child may be able to have a say in the custody decision during a divorce case. But it is important to point out that they cannot make this decision on their own. The court is not going to ask them to choose which parent to live with, for example, and allow them to set their own terms.
That said, children may be asked to express their preference during the case. This is often done with older children, such as teenagers. The court can decide if the child is old enough to fully understand what they are requesting and the ramifications of that request.
Does the court have to honor it?
No, the court is not obligated to honor the child’s request.
For instance, say that both parents have requested shared custody of their child. The child, however, says that they want to live with one parent and not the other.
The court can take their preference into account, but it is also going to look at a variety of factors, such as the parents’ ages, their mental and physical health, their income levels, the availability of a stable housing situation and much more.
Overall, the court is going to try to find a custody solution that is in the child’s best interests. This may or may not align with the child’s own preferences, depending on all of these factors and more.
Navigating a custody dispute
As you can see, while children can be involved in a custody decision, it is ultimately up to the court to decide how to rule. While working through a divorce and a custody dispute, take the time to carefully look into all of your legal options.