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One of the most common questions custody lawyers are asked is “Can my child choose which parent to live with?” While a child’s preference may be considered in custody cases–particularly as the child gets older–it is never the deciding factor under Nebraska law. In fact, it is a widely believed myth that children have the final say on which parent to live with. In reality, even if the child is older and expressing strong preferences, children do not have the right to choose their residence until they have reached the age of majority (which varies by state and is 19-years-old in Nebraska).
When Are The Child’s Preferences Considered?
Nebraska Judges may consider a child’s opinion as one piece of the larger custody puzzle, but this is done carefully and within context. Judges are cautious about giving too much weight to a child’s preference, especially if there is evidence that a child has been pressured, manipulated, or influenced by one or both of the parents. The child’s preference may only be considered if the Court determines the child is of sufficient maturity and has sound reasons for preferring one home. The Court must also balance the Constitutional rights of each parent to parent their child along with the child’s rights and interests. Parents do not have to be perfect to stand on their rights to see and make decisions for their child.
Best Interests Of The Child
The “best interests of the child” standard in Nebraska is specifically defined by statute and the factors to be considered are “safety, emotional growth, health, stability, and physical care and regular and continuous school attendance and progress for school-age children.” These factors include the relationship of the minor child to each parent before the case started and credible evidence of abuse or domestic violence. The general other factors are balanced against both parents’ rights to parent their child.
Considerations In Custody
A child’s preference is just one of many considerations, and it is never a singularly deciding factor. Depending on the age and maturity level of the child, the child’s preference may not be considered at all. Courts are primarily focused on creating an environment that promotes the child’s long-term well-being and stability, rather than honoring short-term preferences that may be based on convenience, leniency of one parent over the other, or momentary emotions. Parents should be cautious about relying on what a child says they want and instead focus on creating a stable, safe, and healthy environment for their child.
How GordenLaw Can Help
At GordenLaw, LLC, we understand how important your children are. Our experienced family law attorneys provide thoughtful, strategic guidance tailored to your unique circumstances and the Judge assigned to your case. We work hard to ensure families have the best possible outcome for their unique facts and circumstances. Contact us to learn more about how we can help!
