Parents fighting over custody matters often focus primarily on their own wishes and preferences. They may talk about their rights and their work schedules when negotiating with one another. However, if they don’t reach an agreement, then the matter must go to court. When family law judges hear contested custody cases, their focus is on the best interests of the children.
In both Ohio and Kentucky, judges should focus on what is best for the children rather than concerns about the rights of the parents during custody disputes. Judges consider the connection that children have to each of their parents, the needs of the children and the abilities of the parents to meet those needs. They may also consider the preferences of the children regarding which parent’s home is their primary residence and how much time they spend with each of their parents.
How much weight does a child’s wishes carry during a contested custody case?
Numerous factors influence the final order
Regardless of how mature a child may be, they are still a minor subject to the control of their parents. Therefore, their wishes do not dictate custody arrangements. At most, their preferences can influence the specific terms set by a judge.
Both Ohio custody statutes and Kentucky custody statutes allow for the consideration of a child’s preferences. Neither state establishes a minimum age at which a judge must consider a child’s wishes. Instead, the judge should evaluate the child’s age and maturity level, as well as the reasoning that they provide for their preferred custody arrangements.
Judges then consider those details, along with other key factors, when entering the final custody order for the family. If older children and teenagers disapprove of the custody terms, they do not have the unilateral authority to refuse to comply with the custody order. Their parents must still encourage them to abide by the custody order and spend time with the other parent.
Parents who settle can protect their children from the stress they might experience if forced to declare their custody preferences as part of a litigated case. Learning more about what influences child custody determinations can help parents prepare for negotiations and recognize when litigation might truly be the best solution available, and when it might not be.