Can My Child Choose Which Parent to Live with After a Divorce?
This question is one that gets brought up a lot in family law. Many parents are curious about the role their child play’s in custody agreements, and for good reason! However, the answer is more complicated than most parents would like to hear. The age of the child is taken into consideration when judges determine how much weight they will put on the child’s preferences, or if they even listen to the child at all. The maturity and rationale behind the child’s preference will also influence how likely the judge is to take their preference into consideration. A child who is a bit younger but shows great amount of maturity may have their preferences considered in some cases. Most judges want children to be kept from the legal proceedings surrounding the custody and/or divorce process of their parents. However, an older child who wants to voice their opinion has a couple of options. A judge may speak to the child privately with only an attorney present to ensure the child can speak freely away from their parents. An “Guardian ad Litem” may also be appointed by the court to discover the best interests for the child. An ARC attorney is appointed for a slightly different reason: to voice the preferences of the child. Unlike the GAL, the ARC attorney is there to speak for the child regardless of what the GAL finds to be in the child’s best interest.
As a parent, the best thing you can do is to show the GAL and ARC attorney that you are not interfering with or influencing your child’s decision. When speaking to the GAL, it’s okay to mention concerning behaviors by the other parent if it impacts the safety of your child and if you can do so in a way that does not bash the other parent but keeps the well-being of your child at the center of the issue.
Reunification therapy is a very common option in trying to mend tense parent-child relationships. Usually, the parent and child will meet with a therapist together and the therapist will evaluate the relationship and if things are going well, a “step-up” parenting plan may be used to slowly increase the amount of parenting time the parent will get with their child.
Of course, every family dynamic is unique and the right custody plan should be tailored to the special needs of your family. If you have any questions on custody arrangements, fill out the form below to schedule a free consultation!
Source: https://www.divorcenet.com/resources/a-childs-preference-massachusetts-custody-proceedings.html
