During some divorce cases, parents will work together to determine what child custody schedule they want to use. The court may still have to approve it to make sure that it is fair and within the bounds of the law, but the parents are the ones who make the big decisions about where the child is going to live and when they will exchange custody.
But in cases where parents can’t come to this type of agreement on their own, then the court may need to issue a child custody order. This order will tell the parents what they have to do, and they are legally obligated to follow it.
If you find yourself in this position, you may be concerned. Perhaps your child has expressed a desire to live with your ex, but you were hoping to share custody. Will the child be able to go to court and ask for this arrangement, effectively deciding for you that you will not get custody?
The court considers numerous factors
Parents are sometimes worried about this because they know that older children – such as teenagers – may be asked about their opinion on the child custody schedule. Where the child wants to live is one factor that the court will consider.
But that does not mean that the child gets to make the decision. The court’s main goal is to look at a variety of factors and determine what is in the child’s best interests. The court may still believe that it’s in that child’s best interests to live with both parents, even if the child doesn’t think so.
Your relationship with your child is very important moving forward, and that’s why it’s crucial to know what legal steps to take during a divorce.