Time-sharing arrangements for divorced or separated parents determine when children are with each of their parents. Most of the time, judges try to give each parent plenty of time with the children.
Exactly how they split time depends on a variety of details about the family circumstances. Judges look at the stability of parents and the existing relationships within the family. They may also sometimes consider the wishes of the children. When do the children subject to a custody order influence the terms a judge sets?
A child’s preferences can be one consideration
A judge hearing a contested time-sharing case may inquire about the children’s preferences. Generally, children who are 12 or older may have an opportunity to communicate their preferences to a judge. Exactly how much weight the judge gives those wishes depends on the reasoning behind their preferences and their perceived maturity level, as well as other key factors.
Even when a child expresses strong preferences in favor of one parent, judges expect the parents to share time and the children to routinely see both of their parents. While one parent may currently have a strained relationship with their children, they usually still have the right to see them regularly.
In many cases, it is less stressful for the children to avoid involvement in the time-sharing negotiations. Parents may want to try settling matters with one another instead of litigating.
Discussing family dynamics and learning about the law can help people prepare for time-sharing negotiations or litigation. The wishes of a child are one of many considerations that influence the judge’s final ruling when parents don’t agree on time-sharing plans.