It is quite common for divorcing parents in New York to disagree about how to address custody matters. In some cases, they may go to mediation to try to resolve their disagreements. Other times, they might rely on a New York family court judge to settle their custody disagreements.
A judge can allocate both decision-making power and parenting time in a manner that they believe reflects the best interests of the children in the family. A judge making the final determination on the division of parental rights and responsibilities takes many factors into consideration before reaching their final decision. They look at the current family relationships, the abilities of each parent and their living circumstances.
Do the preferences of the children bear any weight in contested custody scenarios?
Judges can consider a child’s wishes
The custody statute in New York does include the parenting preferences of the children in the family among the various factors a judge should consider when allocating parental rights and responsibilities. Unlike many other states, New York does not have a specific age at which a child’s preferences influence custody proceedings.
Instead, a judge has to consider the child’s maturity and the reasoning behind their stated preferences as they decide how much those wishes should influence the final custody order. A teenager who has long had a strained relationship with one parent might testify in court or speak to the judge about their history with both parents and ask that the judge allocate far more parenting time to the adult with whom they have a better relationship.
In scenarios involving an unhealthy dynamic, a history of abuse or a pattern of neglectful parenting, a judge might give a child’s preferences serious consideration in addition to other important family factors. If the young adult cites financial incentives, such as getting more of an allowance from one parent, that may carry less weight. The same is true of scenarios where permissive parenting is the underlying motive for a child expressing a specific preference.
Overall, a judge aspires to establish custody arrangements that are in the best interests of the children in the family. A child’s preferences can influence their decision, but a child generally does not have control over the custody outcome. They cannot decide on their own behalf, for example, to refuse to spend time with one parent when the custody order gives both parents time with them.
Understanding what judges consider when resolving custody disputes can help parents feel more confident as they prepare for custody negotiations or litigation. A child’s preferences can be an important consideration, but they don’t always have much bearing on a final order.