Photo of Professionals at McCoy Fatula, APC
Photo of Professionals at McCoy Fatula, APC

Who makes divorce decisions regarding child custody?

On Behalf of | Apr 7, 2017 | Divorce

Many parents in California understand what it’s like to face difficult challenges regarding where their children will live and who will provide financial support for their basic needs when they (the parents) are no longer married. Divorce typically involves many thorny issues that require cooperation and amicable negotiation to settle. If communication between the parties is contentious, this may be much easier said than done.

One of the most common problems that arises in divorce is where children will live once the court issues a final decree. A woman in another state said she was worried that the court would allow her child to choose the location. Generally speaking, this is not how things are done.

Most states have specific guidelines that are used to help the court determine its rulings on matters concerning child custody, visitation and/or child support. The court does not simply ask a child where he or she would like to live then make its decision based on that opinion. The court does, however, usually stress that it wants to keep children’s best interests at heart when determining which type of living arrangement may be best in a particular situation.

Such decisions are more easily made if parents are in agreement and willing to cooperate and compromise to develop a workable plan. In California and all other states, however, the court has the final say when parents are unable to achieve workable solutions to child custody problems. It often helps to rely on experienced family law assistance before submitting any type of formal request to the court related to divorce issues involving children.

Source:, “In a custody battle can kids choose where they live?“, Sarah Cottrell, March 31, 2017

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