Can Your Child Which Parent to Live with After Your Divorce?

Children, from a young age, get a say in a lot of things such as what TV show to watch, what to wear, and what to eat. Over time, they also have opinions about things that impact their lives. If you and your spouse want to divorce and are in different households, your child can choose where they wish to live. But although the wishes of your child about which parent to live with are important, other factors are considered when determining child custody. If you are fighting for child custody, you need to have a legal consultation with a family attorney to understand and protect your rights.

Physical Custody and Your Child’s Preferences

In Utah, child custody is categorized into legal and physical custody. Legal custody is the authority to make major decisions for the child while physical custody is the right of a parent to have a child live with them. The state allows both parents to make major decisions for their child unless the other parent is found unfit for it.

When courts determine who gets physical custody of a child, they consider the child’s best interest. Parents can reach a custody agreement by themselves. In general, the court will approve this agreement when it is in the child’s best interest. But again, the court will also take into account the child’s wishes and concerns, considering their emotional maturity and cognitive ability.

When Can a Child Decide Which Parent to Live With?

In Utah, there is no particular age at which the child of a divorced couple can choose their living arrangements. But the more mature they are, the more likely their wishes are considered in custody decisions. The court may give more considerable weight to the preferences of a 14-year-old child than a ten-year-old.

Should Kids Testify in Court?

For the majority of kids, testifying in a courtroom regarding which parent they wish to live with can be quite hard and traumatic. Because of this, courts do not require children to appear in court unless extenuating circumstances compel it. In addition, courts may hear opinions from private guardians ad litem, mental health experts, custody evaluators about the expressed preferences of a child regarding custody.

As a parent who is concerned about the wishes of your child regarding custody, you need to continuously put the needs of your child first. While the court may take into account the preferences of your child, keep in mind that such preferences are just one of the factors they consider. Courts always prioritize what’s best for your child.