Child’s Preference in Custody
Child custody issues are almost always fraught with emotion on all sides. Sometimes parents can agree about custody, sometimes not. When we think about custody preferences, we almost always think about them from the parent’s point of view. But what about a child’s preference? When children are older, they may have a preference for which parent they want to live with. Even when parents can agree, sometimes a child’s preference is overlooked. A judge looks to do what is in the child’s best interests. This standard guides all of the judge’s decisions concerning the children during a divorce and after (Ok. Stat. tit. 43 § 112). In some cases, the child’s preference has a role in the court’s decision.
When a Court Considers a Child’s Preference
A judge will consider a child’s preference in any proceeding regarding custody or visitation, especially when the proceeding is being brought to limit visitation or to determine the periods of visitation. In its consideration, the court must first determine whether the child expressing their preferences would be in their best interests. If the court finds that it is in the child’s best interest, then the child will be allowed to express their preference or to give other testimony regarding their preference.
Once a child turns 12, Oklahoma law provides a rebuttable presumption that the child is old enough to form an intelligent preference. That means that, absent evidence indicating the child is not able to form an intelligent preference, the court must consider their preference.
A younger child may still express their preference to a judge, but the judge will want to make sure that the opinion is one based on a clear understanding of what is best for that child under the circumstances. The court is not bound by their preference but will consider their preference along with other factors to determine custody or visitation (Ok. Stat. tit. 43 § 113).
For more information about child custody and how a child’s preference is considered, talk with a skilled Tulsa child custody attorney.
In-Chambers Interview
Courts recognize that a child can both have intelligent preferences and be intimidated or influenced by their parents’ preferences. Therefore, the court may choose to conduct a private interview with the child in their offices, or chambers.
This is most often done without the presence of the parents. The parents or their attorneys may present the judge with questions or topics to be covered in the interview, but the judge has discretion regarding whether or not to use these suggestions in the interview. If a guardian ad litem has been appointed for the child to represent the child’s interests, the guardian must be present for the interview.
Courts try to get a good picture of what the relationships between parents and the child are like, what the home life feels like on a daily basis, and what the child will need to thrive and develop both in the short-term and in the long-term. Then, based on the best interests of the child, the court will decide.
Child custody and visitation issues are vital to the general health and safety of the children involved. If you have questions or concerns about custody or visitation issues, bring them to an experienced Tulsa family law attorney.
Initial Strategy Session with a Tulsa Child Custody and Family Law Attorney
Get help when you need it most. Contact the Tulsa family law attorneys at Seventh Street Tulsa Law Firm for a initial, confidential consultation. Call today at (918) 932-2777. We’ve also provided a form on the right side of this page where you may send your question or inquiry and receive an email reply.