Divorce can be a particularly confusing and difficult time for children. Often, children have firm opinions on the process and which parent they prefer to live with or spend more time with. Parents and children alike may wonder when their voices can be heard.
There is no magic number that makes a child old enough to be able to voice their preference on who they want to live with. As a parent, you and your child’s custody team can help your child express their needs and goals, and allow the court to make an informed decision that aligns with your child’s best interests.
How Minnesota Courts Determine Child Custody
Minnesota recognizes two distinct forms of child custody: legal and physical. Legal custody refers to a parent’s ability to make significant decisions on behalf of the child. Physical custody applies to the child’s primary living situation. In Minnesota, family courts determine child custody based on the “child’s best interest” standard. Using this standard, courts base child custody arrangements on the following:
- The child’s physical, emotional, and other needs
- The child’s special medical, mental health, educational, or other needs
- The physical and mental health issues of each parent
- The willingness of each parent to cooperate with the other in raising the child
- The benefit to the child of maximizing parenting time with both parents or the detriment of limiting it with either parent
- The willingness of the parent to support the child’s relationship with the other parent
- The willingness and ability of each parent to provide the child with ongoing care
- The effect of changing homes on the child’s well-being
- The effect of the proposed arrangement on the child’s relationships with other family members
- The history of each parent’s participation in caring for the child
- Any history of domestic abuse
Finally, the court can also consider “the reasonable preference of the child, if the court deems the child to be of sufficient ability, age, and maturity to express an independent, reliable preference.”
How Old Must a Child Be To Decide Which Parent To Live With in Minnesota?
In Minnesota, there is no set age at which a child is deemed “responsible” enough to express an opinion about their living or custody arrangement. Instead, the state can consider a child’s reasonable preferences if the court finds the child mature enough to express an independent opinion on their situation. Younger children may be susceptible to parental manipulation or pressure tactics that force them to express a preference that may not be their own. Generally, a child’s wishes are given more weight as they age and mature, but that point can come at different times for different children, making the age at which a child can express their own opinion vary from case to case.
Parents and children must also understand that a child’s preference is not the end of the story. While their wishes carry some weight, ultimately, a judge determines the outcome of a child custody situation based on numerous factors and the child’s best interest standard. A child does not have an automatic right to live with their chosen parent. Parents who prioritize their child’s wishes in violation of a court-ordered custody agreement jeopardize their visitation or custody arrangement.
Contact Our Minnesota Child Custody Lawyers Today
The child custody lawyers at Terzich & Ort, LLP, are experienced problem-solvers who want to help you utilize all legal strategies to arrive at a solution that meets you and your family’s needs and goals.
Contact our Minnesota office today and set up a confidential legal consultation to discuss your child custody case.
