Can A Child Request A Change In Custody?

In cases where a child feels uncomfortable or unhappy with the current custody arrangement, they may want to request a change. However, such requests are not automatic and must be evaluated by the court, which prioritizes the child’s best interests in any decision.

Can A Child Request A Change In Custody?

Child’s Ability to Request a Change:

While children cannot independently change custody agreements, they can express their desire for a change, especially if they are old enough and mature enough to understand the situation. Courts may consider the child’s preferences, but these are not the only factors in determining whether a custody modification is appropriate.

Age and Maturity Considerations:

A child’s age and maturity level are important factors in determining whether their request for a change in custody will be considered. Courts tend to give more weight to the preferences of older children or teenagers, particularly those over the age of 12, as they may be better able to understand their feelings and the impact of the custody arrangement. Younger children may be heard but their preferences may not carry as much weight.

Best Interests of the Child:

The primary consideration for the court when evaluating any request for a change in custody is the child’s best interests. Even if the child requests a change, the court will assess whether the change will lead to a more stable, safe, and supportive environment for the child. Factors like the child's emotional needs, the relationship with both parents, and the ability of each parent to provide a stable home will be considered.

Requesting a Modification in Family Court:

If a child expresses a desire to change custody, the custodial parent or the child’s attorney can file a petition in family court to request a modification. A formal motion must be submitted, explaining why the change is in the child’s best interests, and the court will evaluate the request based on evidence, including the child’s testimony, if appropriate.

Impact of Parental Conflict:

The court will also look at whether the request for a change in custody is being influenced by one parent, especially in cases of parental alienation or when one parent is attempting to manipulate the child against the other parent. Courts are cautious about any situation that could put the child in the middle of an ongoing conflict between parents.

Factors the Court Will Consider:

• The reasons the child wants a change (such as feeling unsafe or unhappy in the current living arrangement).
• The child’s emotional, physical, and psychological well-being.
• The stability of the current living situation and whether a change would improve or disrupt this stability.
• The relationship between the child and both parents.
• Any changes in the parents' circumstances, such as a move, remarriage, or a history of abuse.

Guardian ad Litem or Legal Representation:

In some cases, the court may appoint a guardian ad litem or a child’s attorney to represent the child’s interests, particularly if the child’s request for a change is serious or involves significant issues like abuse or neglect. This legal professional can help ensure that the child's voice is heard in the proceedings.

Court’s Final Decision:

After considering all relevant factors, the court will decide whether a change in custody is warranted. If the court agrees that the current arrangement is not in the child’s best interests, they may modify the custody agreement. However, if the court finds that the request is based on temporary issues or is not in the child’s best interests, the custody arrangement may remain unchanged.

Example

A 14-year-old girl expresses to her counselor that she feels unsafe and uncomfortable in her father’s home because of his new partner. She requests to live with her mother instead. The counselor informs the court, and the court schedules a hearing to evaluate the child’s concerns. After considering the child’s testimony and the evidence provided, the court determines that it is in the child's best interests to modify the custody arrangement, allowing her to live with her mother.