Best Divorce Lawyers in Newark, NJ

Understanding the Child’s Preferences in a Custody Dispute When it comes to child custody disputes, the child’s best interests must always be at the forefront. It’s common to be very anxious during this dispute, and it leads many parents to wonder whether or not their child’s preferences will factor into the custody outcome. The key is to ensure that the court carefully addresses the child’s preferences because you don’t want them dragged into the litigation process unless it’s a last resort. If your child must get involved in this process, a framework outlines when it is and isn’t appropriate. We’ll go over this below. Child’s Capacity and Age The court can’t require a child of any age to testify. In fact, up until a few years ago, it was not common for the courts to give children the option to testify. However, in many states, a child at least 14 years old with the mental capacity may testify as to which custodial preference they prefer unless the court decides that this choice isn’t in the child’s best interest. Children who fall below the set age threshold for that particular state may only be allowed to testify if the court determines that being able to do so is in their best interests.