Many of the best parenting plans in custody orders in Michigan are the result of parental cooperation. The adults work together to set terms based on what their children need and their own availability.
If parents don’t agree on what is appropriate or necessary, then the matter may need to go to court. Custody litigation entails both parents presenting evidence to the courts and a judge considering specific factors as outlined in state statutes. One of the factors that a judge may consider is the preferences of the children in the family.
Do the courts require that children testify in court in contested custody cases?
Public testimony isn’t mandatory
Children generally do not take the stand in open court during custody litigation. Doing so could be traumatizing and could also cause significant damage to their relationships with their parents.
Instead, judges seeking to learn about a child’s preferences typically speak with the children privately in their chambers. A private consultation with each child gives the judge better insight into family dynamics. It also limits the stress that the children may feel about expressing their preferences.
Typically, judges grant more weight to the wishes of older children, especially when backed by well-reasoned logic. Judges only consider their wishes as one of several key factors when deciding how to allocate parental rights and responsibilities. Children do not have the right to choose where they live or to decline parenting time with either parent at any point while they are minors.
Parents worried about stressing their children may find that working cooperatively to resolve custody disputes is the best option available. Child custody matters can make it easier for parents to achieve the best possible arrangements for their families.