If you’re in the middle of a custody battle or anticipating one, you’re probably wondering if the judge will consider your child’s preferences regarding which parent they would like to live with. Maybe your son keeps saying he wants to stay with you, or your daughter is begging not to switch schools again.
Whatever the case, it’s natural to think about how much weight your child’s voice carries in court. Here’s how things work in Kentucky.
Your child’s voice matters
Under Kentucky law, judges can consider a child’s preference when deciding custody cases. Some of the factors the judge will look at when weighing this include:
- The child’s age and maturity level
- Whether they have been influenced or coached by either parent
- Each parent’s ability to meet the child’s needs
- The child’s relationship with each parent
That said, a child’s wishes aren’t the deciding factor in custody cases. In other words, a judge won’t base their decision solely on the child’s preferences. The court looks at the broader picture – focusing on the child’s best interests. Other factors will come into play and help the judge decide what arrangement will best support the child’s physical, emotional and developmental needs.
Will your child have to testify in court?
It’s rare for a child to take the witness stand. Instead, the judge may ask to speak with them privately in chambers. This helps protect the child from stress and keeps the conversation more natural. In some cases, the court may appoint a neutral third party to gather the child’s views and report back.
Custody cases are deeply personal, and every family’s situation is unique. If you’re worried about whether or how your child’s voice will be heard, it’s important to have qualified legal guidance to help you navigate the process and help ensure that your child’s best interests take center stage.