A Child's Right to Choose?
Generally, a child has a right to have his or her opinion considered by the court in child custody cases. It is a common misconception; however, that this right becomes controlling when a child reaches a certain age. A child's age and maturity level are merely factors that the court considers when assessing how much weight to give a child's preference for one parent over the other. A child's right to have his or her opinion considered should never be misconstrued as their right to choose where he or she wants to live. The ultimate goal of the court in child custody cases is to establish a custody arrangement that is in a child's long-range best interest. As such, the custody arrangement established by the court may or may not be in line with a child's wishes regardless of their age.
