Is the opinion of the child ever taken into consideration in a divorce?

Question Detail

Is the opinion of the child ever taken into consideration in a divorce? If so, at what age to the court actually take that opinion into consideration? Thank you in advance.

Attorney Michael Fischer

 Mike’s Answer:

Depending on a variety of factors, including the age of the child, the court has the ability to consider a child’s opinion in custody matters.  Often times, the Family Court Services counselor will speak to the child before preparing the written custody and visitation recommendations.  The information ascertained from this meeting could impact the recommendations provided by the counselor.  While there is no absolute age a child must be for the court to consider their imput, they must have the mental capacity and maturity level to form a reasonable opinion regarding their preference.


Category: Child Custody, Family Law

← FAQs