Do The Courts Ever Consider A Child’s Preference In Determining Custody?
Before a child turns 18 years old, the family court has the sole authority to determine the custody of that child. However, once a child turns 18, the court can no longer decide that child’s custody, even if the child is still in high school. Although it is not a deciding factor, a court must take into consideration a child’s preference in awarding custody. There is no set age when the court will take a child’s preference into consideration when making the final determination. The court will give certain weight to the preference based upon the child’s age, experience, maturity, judgement and ability to express their preference.
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