Child Custody: Does The Child Have Any Say?

Question:

In a child custody case, does the child have any say regarding which parent they live with?

Answer:

While I am not licensed to practice law in your state and am unable to give you legal advice, I can give you some general observations on this issue based on the jurisdiction where I practice.

Where I do practice in Virginia, children are generally not allowed to speak in court until they are over the age of 13.

This does not mean that a child will never have the opportunity to voice her/his concerns. The court offers two alternatives to speaking in court.

First, the court may appoint a Guardian ad Litem (GAL), and this is an attorney who is supposed to represent the interests of the child. The GAL should speak with the child during the litigation process in order to ascertain the wishes of the child and should make those wishes known to the court.

Second, if no GAL is appointed the judge may want to speak with the child in chambers, and not in open court. During these off-record conversations, the judge will ask the child his/her preference.

Both of these options are an attempt to shield the child from the adversarial aspects of the litigation.

All issues regarding child custody, especially when dealing with possible testimony from children, are extremely fact-specific and require a specialized knowledge of local law. For these reasons I would suggest you contact an attorney who specializes in family law matters in your jurisdiction.

Remember, I am unable to provide you with anything more than tips on emancipation matters, so please contact an attorney in your jurisdiction to obtain specific advice as to the laws of Georgia and how they impact your case.

To arrange an initial consultation to discuss child custody rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.