Child custody arrangements, also known as parental rights and responsibilities, address decision-making authority and parenting time. Parents divorcing or separating must establish a formal arrangement for cooperatively raising their children.
They can do so through an agreement they reach with one another and have approved by the courts or through litigation. Particularly in scenarios where family law judges must settle disagreements about the allocation of parental rights and responsibilities, factors outside of the parents’ control may influence the final order.
Can the children in a family decide who they live with or how much time they spend with each parent?
Children have input, not control
Judges hearing contested custody cases must review many details about the family, including the age of the children, the existing relationships and even familial schedules when deciding how to allocate parental rights and responsibilities. In addition to considering details about the family unit, judges can also factor in the preferences of the children in the family.
There is no specific age at which a child has the right to provide information about their preferences. While judges do take the wishes of children under advisement when settling custody matters, children do not have the right to decide how much time they spend with each parent or even which home is their primary residence. Their wishes can influence the final order, but judges and parents have the final say.
Learning more about what factors affect the allocation of parental rights and responsibilities can help people prepare for court or recognize the value of reaching an amicable arrangement without litigation. Discussing state law and family circumstances with an attorney can help parents understand how judges settle custody disputes.