Will Massachusetts Courts Consider a Child’s Preference in a Custody Case?

Going through a divorce is one of the most challenging things a parent can face. With so much on your plate already, figuring out what to do about custody can feel overwhelming. And now, on top of everything else, you’re worrying if your child will have a say in what happens next. What if they don’t want to spend time with you? What if they prefer to live with their other parent? At Wright Family Law Group, we understand how deeply these concerns weigh on you. In this post, we’ll delve into how Massachusetts courts approach children’s preferences in custody decisions so you can sleep a little easier.

Massachusetts Law on Child Custody

One important truth about Massachusetts law is that children under 18 cannot legally decide which parent they live with. While parents are encouraged to determine custody arrangements amicably, disputes may require court involvement. When parents can’t agree, a judge makes decisions in the child’s best interests.

However, that doesn’t mean a child’s preference is completely dismissed. Massachusetts courts may consider a mature child’s opinion when they are deemed mature enough to have a say. This is typically limited to cases where the child’s reasoning seems thoughtful and free from undue influence.

How Does the Court Assess a Child’s Maturity?

Courts recognize that children mature at different rates, so there’s no specific age at which a child’s opinion is automatically considered in custody hearings. Instead, judges assess maturity on a case-by-case basis. Factors include the child’s ability to:

• Express well-thought-out opinions: Does the child provide insightful, age-appropriate reasoning behind their preference?
• Demonstrate emotional stability: Is the child unduly influenced by one parent or motivated by short-term desires (e.g., “Parent X has fewer rules”)?
• Understand long-term considerations: Does the child grasp how their choice affects both parents and their future?

For example, a 16-year-old wanting to live with a specific parent because of their proximity to school and extracurriculars may be taken more seriously than a much younger child, preferring one parent solely for less discipline.

Balancing Best Interests vs. the Child’s Preference

It’s critical to emphasize that Massachusetts courts prioritize the child’s best interests over their expressed preferences. While a mature child’s preference might provide valuable insight, it cannot override other considerations central to their well-being.

Imagine a scenario where a 14-year-old asks to live with a parent who has a documented history of neglect or substance abuse. Despite the child’s wishes, the court would likely deny custody to that parent. Similarly, if a preference stems from parental manipulation or an unhealthy living arrangement, the court will act cautiously and defer to evidence rather than the child’s stated desires.

Courts remain particularly cautious of preferences young children express, as they are more susceptible to external pressures or unrealistic ideals about family dynamics.

What Factors Do Massachusetts Courts Prioritize Over Preference?

Massachusetts courts evaluate various factors beyond the child’s preference to determine the best custody arrangement. The goal is to design a custody structure that fosters a safe, nurturing, and stable environment. Some critical factors include:

• Parental caretaking history: Who has primarily cared for the child (e.g., cooking meals, transporting to school, attending medical appointments)?
• Parenting abilities: Which parent demonstrates the capacity to meet the child’s emotional, educational, and healthcare needs?
• Home environment: Can each parent provide a stable, loving, and consistent environment?
• Parental history of abuse/neglect: Is there any evidence of domestic violence, substance abuse, or other behaviors that could endanger the child? Massachusetts law takes this factor very seriously.
• Sibling relationships: How will the custody arrangement impact the child’s relationship with siblings or step-siblings?
• Child’s adjustment: How well is the child adapting to school, community, and family life?

The court may also involve mental health professionals, like a Guardian Ad Litem (GAL), to evaluate sensitive cases. A GAL interviews both parents, the child, and potentially other key figures (e.g., teachers, relatives) to provide recommendations aligning with the child’s best interests. Ultimately, the court strives to create a custody agreement that supports the child’s well-being and fosters healthy relationships between the child and both parents.

Put Your Child First with Wright Family Law Group

While Massachusetts courts may consider a child’s preference in a custody case, it is not the sole determining factor. The court takes into account many other critical factors, such as parental caretaking history, parenting abilities, home environment, and any instances of abuse or neglect. It’s important to remember that the court’s primary goal is to ensure the child’s best interests are met.

At Wright Family Law Group, we understand how vital it is to have a strong advocate on your side during this difficult time. Our tailored approach ensures that your voice is heard and your child’s needs are prioritized. Contact us today to schedule a consultation and gain the clarity you need to move forward confidently.