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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 Hawaii, the family courts consider the best interests of the child when determining custody arrangements during divorce proceedings. While there is no specific age at which a child's preference is given controlling weight, the preference of the child is one of the factors the court may consider. The child's choice is not determinative but is taken into account along with other factors such as the child's age, maturity, and the reason for their preference. The older and more mature the child, the more consideration their preference is given. However, the court's primary concern remains the child's best interests, which may not always align with the child's wishes. This approach is consistent with Hawaii's family law statutes, which do not set a specific age threshold but rather provide the court with discretion to evaluate each case on its individual merits.

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Child custody

child's choice on where to live

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

Hawaii State Code

Hawaii State Code

Child custody

child's choice on where to live

Articles