Dividing child custody during a divorce can be a complicated process. Both parents may want very different outcomes, so it can be hard for them to find a joint solution. An example of this could be when two parents both want full custody of their child, so the court has to decide if one of them should get sole custody or if they should be obligated to use joint custody – even though that is not what they would prefer.
In some cases, parents find themselves concerned that their child will have specific requests or will want a custody arrangement that they do not think is ideal. For instance, say that you believe your child would prefer to live with your ex, so you think that is what they are going to request. You are worried about this because you still want to maintain a relationship with the child, so you are concerned that you are going to lose your custody rights.
Requests may be considered
Depending on your child’s age, maturity level and other factors, the court may ask them if they have a preference. This is one of the factors that the court will consider, so it could play a part in the child custody order.
However, remember that courts consider a variety of factors and focus on a child’s best interests. Their preference is just one thing that goes into the equation, so your child does not have the right to simply decide where they are going to live. The court may examine all the details of the case and still decide to rule in favor of shared custody, even if both your ex and your child wanted sole custody.
Contentious child custody disputes can take time to work through, so be sure you know what legal steps to take as you go through the process.
