The child custody laws are made, especially for the couple who is seeking a divorce, and the future of the kids need to be decided by the court. Depending on the child’s age one can file the child’s custody and visitation rights based on several actions. If the child is too young to make their own decisions, the court will consider other factors which will include the financial condition of the parents or any sort of addiction. If the child is a teenager, then he or she can have more opportunities to put their point for their wishes and how the divorce will affect him or her. The teenager will be assessed through a lot of things before their opinions will get considered by the court. Things like schooling, lifestyle, and visiting time are some of the things that teenagers can have their say at. Here are the factors that are necessary for teenagers to put forth their opinion about divorce and how they want to proceed from thereon.
The minimum age is not mentioned for the kids to put forth their opinion. However, younger children rarely get this opportunity, as they may not make the best decisions for themselves. Teenagers are capable of making better decisions for themselves, which is why they can have a say at such cases.
The intelligence of a child is also considered during the judgement of the custody. The academic performance and extracurricular performance of the child can be proof for child’s responsible nature. It can help figure out whether the child is able to take care of self and is motivated for their future career. These qualities let the judge decide whether the child will take a smart decision for his or her studies and responsibilities or not.
The teenager should be mature enough to understand what divorce would actually mean for them. The judge needs to determine the maturity and reasoning skills of a teenager before considering their opinions. The maturity of a child is assessed through their testimony, evidence, and presentation. The judge may also take a private session with the teenager before making a decision.
The judge will also consider the experience of the child with each of the parent. There will be direct communication and a series of Q&A to determine whether the child has good relations with the parent who is claiming the custody. The teenager can share positive and negative experiences with each parent and the health of the relationship with both. The exposure of parents from the teenager will affect the decision of custody.
The reasons that the teenager will give for choosing custody will be considered in the final stages of judgement. It will be used as a point in the divorce hearing. If the teenager uses proper demonstration and reasoning for communicating their preferences even without any evidence, their wish will be considered in the hearing.