Child custody decisions in New York are based on the child’s best interests. As such, a child’s preference over which parent they want to live with post-divorce is among the factors the court will consider when issuing custody orders.
The extent to which a child’s wishes will weigh in the court’s decision depends on their age, maturity and understanding of the situation. Generally, older and more mature children may have their preferences weighed more heavily than younger ones.
Courts are not bound by the child’s wishes
Even when a child makes their preferences known during custody proceedings, judges are not compelled to follow them. This stems from the possibility of parental influence or manipulation. For example, a child might express a particular preference due to pressure from one parent or lack of understanding of what it means to their long-term future.
Therefore, the court will assess whether the child’s preferences align with what will best support their emotional, physical and psychological welfare. Some of the other aspects the court will consider include:
- Each parent’s ability to meet the child’s needs and provide a stable, nurturing environment
- Their physical and mental health
- Their level of involvement in the child’s life
- Their ability to cooperate with the other parent in raising the child
- The quality of the child’s relationship with each parent, among others
The aim is to create a custody arrangement that best supports the child’s well-being and development.
If you are going through a divorce involving children, learning more about what goes into custody decisions can help you work towards an arrangement that prioritizes your children. Proper legal guidance can help address any potential challenges and safeguard your parental rights during such proceedings.