If you and your spouse are getting divorced, you know that you have to work out a parenting time arrangement for your child while they are a minor. You need to consider both legal and physical custody rights. Parenting time generally revolves around where a child lives and which parent is in charge of them.
In Michigan, the court can honor the “reasonable preference of the child.” The key stipulation is that the court needs to consider the child’s age and decide if they are old enough to make a request and understand the ramifications of doing so.
For example, if a high school senior says that they just want to live with their dad until they graduate, the court may take that request seriously. If a toddler says that they just want to live with their mom indefinitely, the court will likely believe that they are too young to have a say in the matter.
The child’s best interests
Another thing to note is that the court does not have to honor the child’s request, even if they are old enough to make it. The court has a responsibility to act in the child’s best interests.
They will consider many different factors, such as age, health, living situations, financial stability, parental roles, educational needs and much more. While the court may ask an older child for their preference and may consider it, it is still just one factor out of many that goes into the final decision.
A child’s preference is just one aspect of a custody case. Parents who are going through a divorce or custody dispute benefit from having experienced legal guidance.