My child's wish is to stay with me because we ‘do’ things in contrast staying with the mom who lets our child do anything she wants. Won't the judge take that into consideration in determining custody?
The older a child becomes, the more inclined the court is to order what the child chooses, in conjunction with the "best interests of the child." The best interests of the child is the key in custody battles. A judge is very, very cognizant of the fact that a child will "gravitate" toward wanting to live with a parent who is very permissive; "Even though Mommy won't allow you Johnny, you can watch T.V. here in my house until 11:00 p.m." Or, when a parent is all fun and games: "Gee, Mom. It's so boring here. When I go to Dad's house, we always go to the park or to the Carnivals." Judges are very aware that it is the custodial parent who must act as the "Bad Guy" and kids don't like it. A judge will usually question a child about such matters, and may even seek the advice of an unbiased social worker who has met the family members before deciding what he or she think is in "the best interests" of the child.
State Law Center
|
Legal Resource Directory
|
Legal Articles
|
Insurance Advice and Quotes
|
FreeAdvice Answers
|
Community Forums
