When two parents who have a contentious relationship decide to split, they often themselves in a heated child custody battle. This can put a lot of stress on everyone involved—particularly the children. Our experienced Saratoga child custody attorneys will make sure you and your soon-to-be ex-spouse are able to reach a peaceful negotiation and will be sure to keep the best interests of your children as our top priority.
Children Voicing Their Preference
If you know your child does not like spending time with their other parent, you may be feeling at a loss. A child will have a “Law Guardian” who will stand on equal footing with both parents’ attorneys in the court, arguing on the child’s behalf. In the eyes of the law, a minor doesn’t have the ability – or the right – to determine his or her best interests. Just as a child under 18 cannot leave home without parental consent, so too, in child custody proceedings, the court will not in any case grant an order solely based upon a child’s wishes. That said, the older a child gets, the more weight a court will give that child’s wishes. There are no rules determining this “weight,” however – this is subject to a judge’s discretion.
If you have any questions, please call our Saratoga divorce attorneys today to discuss how you can avoid a potential child custody battle.
