In custody cases, the court often gives substantial weight to a child's expressed preferences. However, evaluating the child's wishes requires much more than simply asking the child where they want to live. As these outlines demonstrate, assessing a child’s preferences involves complex considerations, including their maturity, potential parental influence, emotional well-being, and the legal framework that ensures their best interests remain the priority.  

Click on this Child's Wishes Summary page to explore potential issues and related questions you might ask about your case. 

To drill down, click the blue hyperlinks in the Child's Wishes Summary to explore any of the 10 sub-categories listed there. 

Or, you can drill down directly from this page by clicking any of the 10 sub-categories listed here:

1. Developmental Ability to Express a Preference

2. External Influence from Parents or Caregivers

3. Emotional Attachment and Security in Custody Preferences

4. Stability vs. Flexibility in Routine in Custody Preferences

5. Consistency in Expressed Feelings Regarding Custody

6. Understanding of Parental Roles in Custody Preferences

7. Sibling Relationships and Dynamics in Custody Preferences

8. Impact of School and Activities on Custody Preferences

9. Comfort in Each Household and Its Impact on Custody Preferences

10. Anxiety and Emotional Well-Being During Custody Transitions