Myth #8-Kids Get To Chose Their Parent

Children, especially young children, are not mature enough to make the decision of which parent they should be with in the eyes of the court. The reasonable preference of the child (especially older children) is one of many factors that the courts must consider in deciding time-sharing. The number one factor, is always, “What is in the best interest of the children”.

By way of example, perhaps one parent parties all night, and their teenage child would love the freedom of the parent not being home, or perhaps leaving out intoxicants. That child, if so disposed, might prefer to be with the partying parent, however that might not be in their best interest. Therefore, the wishes of the child, especially as they get older, are a consideration, but
far from the most important factor, and only one of many factors for the court to evaluate when determining time-sharing.