Can a child give their opinion on custody matters?

Can a child give their opinion on custody matters?

One question that parents will frequently ask is whether they will be granted custody because they know their child wants to live with them. There are a lot of factors that are taken into consideration but the most important factor of them all is what is in the best interests of the child. That being said, depending on the child’s age, they may have some say in which parent has primary custody over them.

When a child is of an age and maturity level where they can make educated decisions that are truly in their own best interest, the court may consider their opinions in determining custody. However, if the child is too young or deemed immature, they can absolutely inform the court or a guardian ad litem what they want but it may not always be taken into consideration. An example of this is that a child may want custody to be given to the parent that allows them to stay up late, not do homework, and skip school. Of course, this is not in the best interest of the child and the court will likely use this information when making a decision.

Our firm understands that a custody decision is very emotional and daunting for both a parent and the children. If you have questions about custody in New Jersey, contact our firm today.

The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation