The decision to follow through with a divorce between parents is never reliant on a child, but unfortunately for most children, the divorce alone can certainly affect that child negatively. With divorce comes a lot of changes the child may not be used to. The child may then feel a state of confusion along with a rush of other emotions causing them to feel inclined on choosing which parent they want to live with. Is it even possible for a child to choose the parent they want to live with? Let us explore this question.
Consider child’s age
There are various determining factors that indicate whether a child can choose their living situation and choose one parent over the other. The most common factor is the child’s age. When a child is considered of appropriate age to speak for themselves on who they would feel most comfortable living with, a judge will consider, accept, deny or change their final decision.
Keeping best interest in mind
When children are in the middle of a divorce or child custody trial, it may seem like a tug of war between both parents wanting their child to pick a side. Nonetheless, even if a child makes up their mind on who they want to live with, the judge will always keep the child’s best interest in mind. One parent is not considered better than the other in the eyes of a judge. In fact, a judge will encourage the parents to remain civil for the sake of the child. Unless there is a motive for the judge to not take the child’s word at hand, the judge will continue to believe that the child requires both adults to be present in their lives. In cases where there is any form of abuse or foul language being used, a judge may consider visitations under supervision.
Shared parenting plan vs custodial
You may have heard about either parent having custody of a child. Shared parenting is similar, but there is more of a humane effort on both ends to work for the betterment of the child. This means no bickering and no 50/50 split job as they acknowledge that both of their roles are important. Shared parenting has its many benefits, as it pushes for a healthy divorce for future purposes. When it comes to the child, their say on who they want to live with may have to do more or less with the circumstances surrounding the relationship each parent holds with the child.
If you would like help establishing a parenting plan agreement for a child custody case, or you feel that you have sufficient evidence to present to a judge in gaining sole custody, we can carefully look over those for you. The Holman Law Firm is committed to providing the best legal service in Pensacola, Destin, Pace and Cantonment, FL, in various legal areas, including Family Law and Personal Injury. We specialize in Fathers’ Rights and will be there every step of the way to fight for your rights. Contact us now for a free consultation at 850-435-6909 or go online at www.HolmanFirm.com.
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Family Law | Child Custody | Divorce | Personal Injury | Auto Accidents