The best-case scenario for custody matters in California involves mutual agreement between parents. When the adults in the family agree on the best way of dividing parenting time and parental authority, they can establish their own custody arrangements.
However, custody can be a very emotional matter. Parents may have a very difficult time agreeing on specific terms and may fight intensely over time with their children and decision-making authority. When parents don’t reach an agreement regarding custody matters, they may need to go to family court.
California typically requires mediation before litigation. If even mediation is unsuccessful at helping parents reach an agreement, then a judge decides what arrangements are best for the family. Obviously, both parents have an opportunity to present their perspective and wishes to the courts. Can the preferences of the children in the family influence custody determinations?
Older children can influence custody rulings
According to California state law and court procedures, young adults can influence court decisions regarding parental rights and responsibilities. The age of a child, their maturity level and the reasoning behind their preferences can all influence how much the child’s preferences influence a judge’s decision.
Typically, children over the age of 14 can make their preferences known in contested custody cases. They can express specific wishes and also explain their reasoning behind wanting to spend more time with one parent or the other. Judges then consider the child’s wishes along with numerous other factors to arrive at a decision they believe reflects what is best for the children.
In all but the most unusual cases, it is standard for the courts to expect the children to maintain a relationship with both parents. Judges expect parents to cooperate and to encourage the children to see each other during their scheduled time. This approach means that even someone who currently has a rocky relationship with their children can still regularly spend time with them. Shared parenting time can give someone an opportunity to develop and improve the bond that they have with their children.
Learning more about how the courts handle contested custody matters can help parents who worry about the future to develop informed expectations and plan. While the wishes of individual children can potentially influence custody decisions, children don’t completely control the process.