Frequently Asked Questions (FAQs) About Divorce

Q: I’ve heard that when my child is twelve years old, he can tell a judge where he wants to live and that ends any custody dispute. Is that so?

A: That simply is untrue. One of many factors that the court considers is the child’s preference giving it as little or as much weight as the Judge decides that particular child’s preference deserves. I have had the court award custody to the parent that a fifteen-year-old child said in court he did not want to live with. I have had the court refuse to even consider a ten-year-old’s opinion at all. Remember that the parents and the court need to consider what is best for the child, not just the child’s preference. The child is, after all, a child.

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