What If My Child Wants to Live With Me?
Every other client who comes to see me says their children want to live with them (the client). In the case of older children, oftentimes my client thinks it will be a slam dunk case because the “older” child (12+ years or more) is saying s/he doesn’t want to visit with, see, nor live with the other parent. In many situations, parents come to me prepared with audio or video recordings, journal entries, and even letters to the judge wherein the child expresses their wishes.
Depending upon the reliability of the information, it could be helpful, but this information is rarely enough to win its case on its own.
As with any of the Best Interest Factors, a child’s wishes is only one of the factors a judge considers. There are many other factors the judge has to consider, and the judge will decide based upon the totality of the circumstances. Even if your child is 17 years old and on the verge of emancipation, his or her wishes alone may not be enough to get a parent sole decision-making authority and/or to limit one parent’s time.
So, how can you present your child's wishes to the judge?
