The terms of a custody order usually come either from separated parents or the family courts. Parents can negotiate their own arrangements for dividing parental rights and responsibilities.
If they can’t reach an agreement, they can ask a judge to settle the matter for them. In a litigated custody case, a family law judge must consider a variety of details about the family to set terms that are in the best interest of the children.
Do children themselves have any control over the terms set by a family law judge?
Judges may consider the wishes of older children
Texas state statutes require that judges consider unique family circumstances when deciding how to handle a litigated custody case. The preferences of older children are among the factors the judge may consider when settling disputes about parenting time and authority.
Children who are 12 or older can inform a judge of their preferences. A child cannot decide how much they see one parent or which home is their primary residence. However, a judge may consider their wishes in addition to other factors as they decide the best way to divide parental rights and responsibilities.
Judges consider the child’s maturity and reasoning when factoring their wishes into custody determinations. Parents who do not want to put pressure on their children may want to work cooperatively to settle custody matters outside of court.
Understanding how the courts settle custody disputes can be beneficial for those preparing for family court. A child’s preferences are only one of many factors that influence a final child custody order.