Do Children Get a Say in Custody?
When parents in Lexington face a custody case, one of the most common questions is: “Will the judge ask my child where they want to live?”
The answer: yes, but not always in the way parents expect. South Carolina law does not set a specific age where children can choose custody. Instead, the court looks at the child’s maturity, best interests, and all surrounding circumstances.
The Role of a Child’s Preference
Family court judges in South Carolina may consider a child’s preference if they believe the child is mature enough to express a reasonable choice.
- Children around 12 and older are more likely to be asked.
- Judges weigh maturity, not just age.
- A child’s choice is never the only factor — the court always rules based on the child’s best interests.
Other Factors Judges Consider
While a child’s opinion matters, Lexington family court judges also weigh:
- Each parent’s ability to provide stability.
- The child’s school and community ties.
- Evidence of parental conflict or domestic violence.
- The willingness of each parent to encourage a relationship with the other parent.
How Children’s Voices Are Heard
In most cases, judges do not question children directly in open court. Instead, their preferences may come through:
- Guardian ad Litem reports
- Private in-camera interviews with the judge
- Therapist or counselor input
This approach helps protect children from feeling like they must “choose sides.”
Lexington Parents: What This Means for You
If your child has strong feelings about custody, talk with your attorney about the safest, most appropriate way for their perspective to be heard. Remember:
- The court will listen, but the decision is ultimately about stability and best interests.
- Pressuring a child to “pick” can backfire.
- Judges in Lexington County family court are careful not to put children in the middle of disputes.
Quick FAQs
Can my 14-year-old choose who to live with in South Carolina?
No. A judge may consider their preference, but the decision is based on best interests.
Does the court interview children in custody cases?
Sometimes, but often the child’s opinion comes through a guardian or private interview, not open court.
Can a child’s preference override a custody order?
No. Only the court can change or issue a custody order.
If you’re facing a custody case in Lexington and wondering how your child’s voice may factor in, call The Farley Law Firm to schedule a confidential consultation.
Disclaimer
This information is for general education only and is not legal advice. Schedule a consultation to discuss your situation.