Children don’t have control of who they live with when it comes to a Missouri child custody dispute. However, they’re input might still matter as something the judge considers. If they are old enough and have the capacity to have an opinion, the judge might consider what your kids want. How much weight this has on the court’s decision will depend on all of the best interest factors the judge thinks about.
The child custody lawyers at Mark Harford Law help you handle child custody issues and the children’s choices. Let our team work with you on the issues you face, whether during a divorce or a post-decree action. We are here to help you deal with these difficult issues.
Missouri Custody Law: The Best Interests Standard
Under Missouri Revised Statutes § 452.375, courts must evaluate a range of factors when awarding custody, including:
- Each parent’s proposed parenting plan
- The child’s need for frequent, meaningful contact with both parents
- The mental and physical health of all parties
- The child’s adjustment to home, school, and community
- The wishes of the child as to their custodian
That last factor, the child’s wishes, is often misunderstood. Missouri law does not set a specific age at which a child can decide where to live. Instead, the court may consider the child’s preference if the child is mature enough to express a reasoned and independent opinion.
Is There a “Magic Age” in Missouri?
No, there is no particular age when the child gets to have decision-making power on where they live. Even teenagers or those about to turn 18 don’t have the last word on this decision. Court are, however, likely to give more weight to children as they age. Kids 12 and up are often considered of sound reasoning ability, and more likely to withstand pressure from their parents.
How Does the Child’s Choice Get Communicated to the Judge?
A child’s preference might be noted in a few ways. This often happens through a guardian ad litem (GAL). The GAL’s job is to protect the child’s best interests, and ascertain what they are. They will:
- Interview the children
- Interview the parents and other important adults
- Review each parent’s home
- Assess a child’s maturity
- Talk to teachers
The court might also talk to the children in private conversations as part of the case. Most judges avoid putting a child on the stand to express their preferences, so their preferences are expressed using different methods.
Is My Child Allowed to Refuse Visitation Orders?
No, the child is required to comply with the custody order, just like the parents. A child can’t legally refuse to the visitation order. If a child continually refuses to go to visitation, an investigation about why may be necessary, as there may be concerns about:
- Abuse
- Neglect
- Poor home environment
- Unsafe individuals in the home
What Should I Know About My Child’s Preferences and a Custody Dispute?
Custody disputes can be difficult on both the parents and the children. If your child does have a preference, consider a few things:
- Never coach your child about what to say
- Don’t pressure your child to change or express their opinion
- Document any concerns your child has
- Share concerns with the GAL or your attorney
- Always focus on your child’s well-being
- Stay objective as possible, even if it’s hard to get along with the other parent
Know How Your Child’s Opinion Could Impact Your Child Custody Case in Missouri
While kids don’t have the final say in where they live, their opinions do matter. Their preferences could impact what the court does and what your family’s living situation becomes. The court will focus on the children’s best interests most of all, so understanding how that balance works is important for you.
Let the dedicated family law attorneys at Mark Harford Law help you with child custody issues. Contact us today for a consultation.