Child Custody Battle
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.
Child Custody Battle | 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.