Often, when parents decide to separate or divorce, one of the most contentious issues they face is child custody. If parents cannot agree, a judge will determine the issue. If a couple has older children, they may prefer to live with one parent over the other. However, depending on the child’s maturity, a judge can consider a child’s parental preference when determining parenting time arrangments. Please continue reading to learn when a judge will consider a child’s wishes when determining custody in New York and how a trusted Suffolk County Child Custody Attorney can help protect your rights.

Can Children Express Preference During Custody Proceedings in New York?

When parents split and cannot agree on how to divide their parenting responsibilities and visitation time, the decision will fall on the judge’s lap. Generally, the court will consider various factors to develop a parenting plan based on the children’s best interests. The following include, but are not limited to, the factors a judge will weigh when determining a custody arrangement:

  • The age and number of children
  • Each parent’s physical and mental health
  • Each parent’s fitness
  • Each parent’s income and earning capacity
  • Each parent’s willingness to foster a relationship between the child and the other parent
  • Each parent’s living standard (ability to provide a safe and stable environment for a child)
  • Each parent’s ability to provide the child with a consistent routine
  • Any history of neglect, abuse, or domestic violence
  • The children’s educational needs
  • The geographic proximity of the parent’s homes
  • The child’s preference (if a sufficient age)
  • Any other relevant factors

As you can see, the court can consider a child’s parental preference when deciding custody. However, New York law doesn’t explicitly stipulate an age at which a child’s parental preference must be considered. The judge has the discretion to determine whether a child is mature enough to express their parental preference based on sound reasoning. Generally, the court will consider a child’s preference around 12 or 13, as they believe they can make an intelligent decision.

It’s important to note that some children are more mature and capable of making important decisions than others at a younger age. Therefore, the court could consider a ten- or 11-year-old child’s parental preference if they believe they are capable of articulating an intelligent decision. Nevertheless, while the court can consider a child’s stated parental preference, it will not base a custody decision solely on the child’s opinion. It will be considered along with other factors. Furthermore, the court will consider when the child chooses to live with a parent out of rebellion against the custodial parent. They will also assess whether a parent is coaching a child or unfairly influencing them to express opinions.

If you are facing a custody battle in New York, it’s in your best interest to contact a compassionate attorney from The Law Offices of Susan A. Kassel, P.C., who can help you safeguard your parenting time.