When parents or the family courts try to settle custody issues, there are many details that require consideration. Family circumstances, the dynamic between each parent and the children, health issues and household schedules can all influence the best way to share parental rights and responsibilities.
If parents struggle to settle their custody disagreements, a judge can apply state statutes and set clear terms regarding the division of parental rights and responsibilities. A judge settling custody disputes must consider a variety of factors — possibly including the preferences of the children in the family. Is there a certain age after which a child can testify about custody matters in family court?
Kentucky law does not specify a minimum age
Some states have clear provisions regarding the age at which a child can have a say in custody determinations made by a court. Typically, older children and teens may have the right to express their preferences.
In Kentucky, there is no specific age. It is left to the judge’s discretion to evaluate the child’s maturity and the reasoning behind their stated preferences. Many older children and teens could influence a judge’s determination regarding which parent’s home will be their primary residence and how much time they spend with each parent.
Of course, the child’s wishes are only one of numerous considerations. Other unique factors also play an important role in guiding a judge’s custody determinations.
Even parents who currently struggle to connect with their children typically have the right to share parenting time and legal authority. Learning more about the laws that apply in a litigated custody case can help parents prepare for family court and work toward the resolution they believe is best for their children.
