When parents divorce, teenagers often have strong opinions about where they want to live. They may prefer one home because it is closer to school, friends, activities or simply feels more comfortable. But does a teenager’s preference determine the outcome?
Minnesota courts consider a child’s reasonable custody preference when the child is of sufficient age and maturity to express an independent and reliable opinion. This means an older teenager’s wishes may receive more consideration than those of a young child. That said, your teenager generally does not get to make the decision simply by telling the judge which parent they prefer.
Courts look at the broader picture
The reasons behind your teenager’s preference matter. For example, wanting to remain at the same school or stay close to friends may provide a legitimate reason for favoring one home. On the other hand, a preference that appears to result from pressure, promises or influence from a parent may receive less weight.
It’s also worth noting that during custody proceedings, the court’s focus remains on the child’s best interests. As such, the child’s preferences are considered alongside factors such as their relationship with each parent, each parent’s ability to meet the child’s needs, the child’s adjustment to home and school and the stability each parent can provide.
Avoid putting your teenager in the middle
Your teenager’s custody preference may matter, but that does not mean they should be drawn into the conflict or made to feel responsible for the custody decision. Asking your child to choose sides, speak negatively about the other parent or act as a messenger can increase the emotional pressure they are already experiencing.
Instead, your focus should remain on your child’s well-being while providing the court with the facts it needs to determine what custody arrangement is best. Seeking professional legal guidance in such situations can help you understand your rights, your teenager’s role in the whole process and how Minnesota law may apply to your particular circumstances.