At What Age Can a Child Say Who They Want to Live With?
When it comes to child custody, New Jersey and most other states focus on “the best interests of the child.” This incorporates many elements, such as the fitness of each parent, the stability of the child’s home environment, any history of domestic violence, the relationship the child has with each parent, and the parents’ employment and other responsibilities.
The courts will also consider the preference of the child. So, you may wonder: at what age can a child say who they want to live with?
There is no set age at which a child will be allowed to decide which parent to live with. Under NJ Rev Stat § 9:2-4, there are several factors taken into consideration when deciding on child custody. One of those factors is “the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision.”
But what does this mean? This means that a judge will primarily look at the maturity of the child. Judges assess the child’s maturity level, their ability to understand the situation, and the rationale behind their preference. The goal is to determine whether the preference is made out of a thoughtful consideration of their circumstances or if it’s influenced by external pressures, such as the parents.
Several reasons might influence a child to prefer to live with one parent over the other. These can include the desire to remain in the same school district and stay close to friends or extracurricular activities. A child may also have a closer emotional bond with one parent. However, in some cases, the child’s preference may be swayed by less ideal factors, such as one parent promising more material items or having more lenient rules. It is up to the court to decide what is in the child’s best interest. This will be done after the court has interviewed the child.
So, age does matter to some degree, but it is not the ultimate factor. This means that a child who is 10 may be able to have input as to where they will live after a divorce. In other cases, a child might not have sufficient age and capacity to form an intelligent decision at the age of 15. Either way, this determination is based on the court’s decision, which is made after the court has interviewed the child.
Also, keep in mind that a child’s preferences do not prevail. If a child wants to live with their father, but it is in their best interests to stay with their mother, then the judge will make that decision.
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Child custody can be a contentious issue. While the parents can be the ones to decide custody, sometimes the child may have a say as well.
A Cherry Hill child custody attorney from Fiore Law can assist you. We understand these issues can cause misinformation and fear, but we can help you get a favorable outcome. To schedule a case evaluation, call our office at (856) 214-8964 or contact us online.