We Are New Orleans
Family Law & Divorce Lawyers

Can a child’s wishes affect custody orders?

On Behalf of | Jun 22, 2025 | Child Custody

The best outcome when parents must share custody is typically that they work cooperatively. Parents can theoretically set their own terms for a shared custody arrangement as long as they work with one another. They are in the best possible position to establish a custody arrangement that prioritizes the children’s needs and works with the parents’ schedules.

Unfortunately, it is somewhat common for parents to struggle to agree on custody terms. They may litigate. A family law judge then decides how to allocate parental rights and responsibilities. The judge has to learn about family circumstances and decide what is appropriate.

Do children in a family get to choose where they live or how much time they spend with both of their parents in a litigated custody scenario?

Children’s input is one of many considerations

Current custody statutes in Louisiana require that judges prioritize the best interests of the children above everything else. Generally speaking, the courts recognize that children are not always capable of making decisions that are in their own best interests. As such, the courts may consider a child’s preferences in addition to multiple other unique details when deciding what is the best way for parents to share custody.

In some states, regulations establish a minimum age after which a child’s preferences carry weight. State statutes in Louisiana do not establish a specific age when a judge must start considering a child’s wishes in addition to other family factors as they allocate parental rights and responsibilities. Instead, the courts have to determine on a case-by-case basis if the child is old enough and mature enough to express their preferences.

The reasoning that they give for their wishes can influence how much weight a judge assigns to them. For example, the wishes of a young teenager who expresses a preference for one parent because they are more lenient or seem cooler are likely to carry less weight than opinions based on a challenging interpersonal relationship or a lack of cleanliness at one parent’s house.

Judges do not defer to the preferences expressed by a child or teenager but instead include them among various considerations when making decisions about custody matters. Parents who do not currently have the best relationship with their children can still receive liberal amounts of parenting time. They can use that time to improve their relationships with their children before they turn 18 and are no longer subject to a custody order.

Parents may need help asserting themselves when seeking shared custody. They may also require assistance if they need to modify or enforce a custody order due to a contentious family dynamic. Learning more about the best interest standard can make it easier for parents to assert themselves confidently during child custody proceedings.