No aspect of divorce is more painful than disagreements over child custody. Even if parents are able to remain civil, children are very sensitive to the unhappiness of their parents—and their own participation in that unhappiness.
Divorce is never easy on any family member. At the same time spousal relationships are dissolving, parental relationships to children undergo rapid, forced change as a result of custodial arrangements—or lack of them.
When a couple cannot agree on a custodial arrangement or parenting time, the court must decide the best arrangement for children based on a custodial evaluation and the best interests of a child.
In addition to qualitative relationship factors, the court takes the preference of a child about living arrangements into account if the child is of sufficient age to express his or her wishes.
I am often asked by clients how much weight the preference of a child has. No child can decide where they want to reside until reaching eighteen. However, the closer to eighteen a child becomes, the greater the weight of his or her opinion. Maturity is often a deciding factor—does a child understand what he or she wants and why? And as a practical matter, the preference of a teenager is difficult to ignore.
Custody trials are complicated, usually rife with accusation, and no outcome is certain regardless of clarity of evidence. If considering divorce, and if custody is likely to be a disputed issue, get good legal advice from the outset.
As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.
Alexandra M. Rockwood is a Senior Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as…