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Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In Delaware, when determining child custody arrangements, the court takes into account the best interests of the child, which is the paramount consideration. Delaware law does not specify a particular age at which a child's preference must be considered. However, the child's wishes are one of several factors the court may consider under Delaware's family law statutes. The weight given to a child's preference can increase with the child's age and maturity. The court will evaluate whether the child's preference is based on sound reasoning and whether it aligns with their best interests. Ultimately, while a child's preference may influence the court's decision, it is not determinative, and the court will consider all relevant factors to ensure the custody arrangement serves the child's overall welfare.

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Child custody

child's choice on where to live

Individual & Family Legal Plan

Articles

Delaware State Code

Child custody

child's choice on where to live

Delaware State Code

Articles