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The role of children’s preferences in custody modification cases

On Behalf of | Jan 30, 2025 | Child Custody

Custody arrangements are not always permanent, as a parent or guardian can request a modification if there is a significant change in circumstances. This could include a parent relocating, a change in the child’s needs, or concerns about safety. Additionally, a child’s preferences can play a role in the state’s decision.

How much does a child’s preference matter?

New York courts prioritize the child’s best interests when deciding whether to change custody. Courts may consider a child’s wishes, but their opinion alone does not determine the outcome. The weight given to the child’s preference depends on age, maturity, and reasoning. 

Younger children may have their opinions considered, but their views carry less weight than those of older children. Teenagers often have more influence, especially if they express a well-thought-out and consistent preference. For example, a teen’s input can be invaluable in decisions that affect education, extracurricular activities, and religious preferences.

Judges also evaluate why a child prefers one parent over the other. If a child prefers a parent due to lenient rules or gifts, the court may not take their opinion seriously. However, if the child prefers a parent because they feel more stable or supported, the court is more likely to consider this in a custody change.

What other factors does the court consider?

While a child’s preference is important, it is only one part of the decision. The court also looks at each parent’s ability to provide for the child’s needs, the stability of each home, and any history of neglect or abuse. If one parent can offer a safer or more nurturing environment, the court may modify custody, in spite of a child’s preference for the other parent.

New York courts strive to make decisions that serve the child’s best interests. While a child’s preference can influence the outcome, it does not guarantee a change in custody. Therefore, parents can still prepare a strong case for their own preferences for custody modification.