The terms of a custody order may be the most hotly-contested aspect of a particular divorce. Parents often want to secure the maximum amount of parenting time possible. In some cases, they may worry that complicating factors might interfere in their attempt to remain an active part of their children’s lives.
Relationships with teenagers can easily become tense, especially if a teen blames one of their parents for the breakdown of their family unit. Do young adults get to decide where they live or how much time they spend with each parent in a shared custody scenario?
Teens can offer their input
Older children, including teenagers, may have the option of discussing their parenting time preferences when their parents divorce. If parents settle their own custody matters outside of court, they may agree to take a child’s wishes into consideration.
If the matter requires litigation to resolve, then a family law judge makes the final determination for the family. Virginia statutes do not set a specific age after which a child can make their preferences known during custody proceedings. How much weight to give a child’s preferences is largely left to the discretion of the judge. Their main priority should be creating an arrangement that is in the best interests of the children.
With exceptions for cases involving substance abuse, domestic violence and extreme parental instability, judges typically prioritize keeping the children actively connected to both parents through shared custody arrangements. A teenager who expresses a mature and well-reasoned preference can partially influence a judge’s final determination, but they do not technically control the terms that the judge sets for the family.
Consulting with a family law attorney can be beneficial for those concerned about the outcome of litigated custody proceedings. Even parents who currently have a challenging dynamic with their children can typically seek shared custody of minor children.