In divorce cases, child custody is often a thorny issue between the two divorcing parties. In determining custody, family courts analyze various factors, among them the preference or inclination of the child. Therefore, your child's opinion will be taken into consideration in a custody case. However, this is not to mean that your child's wishes or inclination will be granted automatically. Read on for more insight.
In most states, the law states that when the child is of sufficient age, the court shall take into account the desires or wishes of the child in deciding which parent the kid is placed with. However, the law doesn't specify that the court shall adopt exactly what the child desires. In other words, there's a big difference between taking someone's desires into consideration and actually granting those desires. Here are some of the reasons why courts don't automatically grant children's desires about custody.
Given that the final decision should be what's best for the child, family courts will look at the history of the child's life, friends, school as well as the relationship with each parent. Additionally, the financial and emotional stability of both parents is also examined in determining child custody. Your family attorney can present your child's wishes to the court, for example, not wanting to relocate because of school and friends so that the court can grant custody in your favour. Always contact a family lawyer like those found at Marino Law when facing a child custody case.Share
29 June 2016
I love watching legal dramas from all different countries. I often call up my friend who is a lawyer to ask her about whether the cases I have seen on the latest drama are realistic or if they wouldn't happen that way in Australia. It's so interesting to me to see the changes that they make to make the stories flow more convincingly as well as the differences between the law in Australian compared to other countries. This blog is for other fans of legal dramas like me and has some tips on the best places to get real legal advice (hint, it's not on the TV!).