Do children have any say in the choice of custodian?
Yes, but the expressed wishes of the child are not controlling. The custody preferences of mature children are given considerable weight when they are based on sound reasoning, especially where the reasons relate to the child’s best interests, such as a desire to remain with friends, to continue attending the same school and to remain in the same environment. The statute does not require the child to give a good reason for his or her preference, nor is the trial court required to ask a child specifically about custodial preference where the court is in a position to evaluate the credibility, temperaments, personalities, and capabilities of both parents and infer the child’s preference from the totality of the child’s statements, or from other sources, such as the guardian ad litem. It is recognized that a child’s preference may not always accord with his or her best interests, and the court is bound to use its own wisdom and common sense in making a custody award.
