Divorce generally leads to uncertainty for the entire family. With exceptions for those who have very thorough marital agreements, most people aren’t sure of what the courts may do with their property, future income and children.
Parents either reach their own arrangements regarding the division of parental rights and responsibilities or ask a family law judge to make decisions allocating parenting time and authority. In scenarios where judges make determinations, they look at a variety of different factors.
Do parents have to worry about a teenage child with whom they have had a difficult relationship recently asking to live with the other parent in a divorce?
The child cannot set their own arrangements
Contrary to what parents often worry about, judges do not defer to a teenager’s wishes in a custody case. While state law does instruct a judge to consider a child’s preferences when making their determination, especially once the young adult reaches 14 years of age, their preferences are only one of several factors that influence the final decision.
Even when a child’s preferences are a consideration, a judge decides how much weight to give them based on the reasoning the child provides for their specific wishes. Typically, judges want to see both parents spending plenty of time with the children, even in scenarios where they have had a rocky relationship recently.
A parent should not abandon their desire to pursue a reasonable allocation of parenting time just because they have gone through a difficult time in their relationship recently. Learning more about how the courts handle parental rights during divorce can give parents the confidence to assert themselves. The years while a child is still a minor provide an opportunity for them to work on improving their relationship.