Can a child express their wishes in a Louisville child custody case or any parenting time dispute in Jefferson County?
Here in Kentucky and across the United States, there are statutes which require a court to consider the “best interests of a child” during all phases of child custody and parenting time cases.
The best interest of a child includes, but is not limited to:
- The wishes of the child’s parent(s)
- The nature of the relationship between the child and each parent
- The ability of each parent to provide food, clothing, shelter, medical care and a safe environment for the child
- The ability and disposition of each parent to foster a positive relationship and continuing contact with the other parent.
- The child’s relationship with any other person who may significantly affect the child
- The ability of the parents to communicate and cooperate with each other.
- Any evidence of abuse
A judge often wants to hear a child express their wishes in a Louisville child custody case so the child’s thoughts and preference can be known and considered by the Court. It is important to note that none of these provisions shall be construed to require that a child express their wishes in a Louisville child custody case or to provide other input regarding custody or visitation.
A child’s participation in Kentucky divorce or family law matters are considered on a case-by-case basis. No statutory mandate, rule, or practice requires children to participate in court or prohibits them from doing so. When a child wishes to participate, the court should find a balance between protecting the best interests of the child, consideration of the wishes of and input from the child, and the probitive value of the child’s input.
Can a child express their wishes in a Louisville child custody case or anywhere in Jefferson County? Generally speaking, yes, but Kentucky places the legal weight and authority behind the judgement of the Court pertaining to a child’s best interests
It is important at all times to protect the best interests of your children during a divorce and in the months and years to come. It is also important to work with experienced, proven counsel at Dodd & Dodd who have extensive legal skill in child custody and parenting time cases.
We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
