Typically, parents have the option of establishing their own custody arrangements. If they can’t reach an agreement by cooperating with one another, then they may need to ask a family law judge for assistance.
In litigated custody scenarios, judges attempt to make decisions that are in the best interests of the children. Judges have to consider numerous factors when allocating parental rights and responsibilities. In some cases, one of those factors might be the preferences of the children.
When do children have a say in the custody arrangements established by a West Virginia family law judge?
When the children are 14 or older
Generally speaking, children and teenagers lack the cognitive ability to truly understand the long-term implications of their decisions. However, at a certain age, children become capable of effectively expressing themselves and considering their situations in a reasonable manner.
Under state statutes, there is a presumption that children who are 14 years of age or older have the maturity to rationally form an opinion about custody arrangements and where they live. Children do not get to choose where they live or set their own custody terms. Instead, they can express their preferences during a litigated custody case.
The judge then considers their preferences along with various other factors when making decisions about how they divide parenting time and which home is the primary residence of the children. Parents do not have to worry about a difficult relationship with their children resulting in a loss of parenting time. Judges typically still want to keep both parents involved even when children may have a strained relationship with one of them.
Understanding when the courts will consider a child’s preferences can help people as they prepare for custody litigation. A child’s wishes are only one of many factors that may influence the final custody order.