The Myth: Kids Always Choose
It’s a common belief that once a child reaches a certain age, they can decide which parent to live with. In reality, South Carolina family law doesn’t set a specific age where a child can make that choice.
While judges in Lexington County may consider the child’s opinion, they never rely on it alone. The ultimate goal is always the same: what’s in the child’s best interest.
When a Child’s Preference Matters
Judges typically give more weight to a child’s wishes when:
- The child is older or more mature (usually around age 12 or older).
- The child can clearly explain their reasons — such as school, stability, or safety.
- The parent the child prefers has a strong track record of involvement and care.
Even then, a judge will look at the full picture before deciding custody or visitation.
What Lexington Judges Consider
In Lexington family court, judges evaluate:
- Each parent’s ability to meet the child’s emotional and physical needs.
- Stability — who provides a consistent home, school, and routine.
- Any history of domestic violence, substance use, or neglect.
- The child’s relationship with both parents and siblings.
- Recommendations from guardians ad litem (court-appointed child advocates).
The child’s preference may support a decision, but it’s one of many factors considered.
How the Court Hears a Child’s Opinion
Children don’t usually testify in open court. Instead, a guardian ad litem or a private interview with the judge helps protect the child’s privacy.
This approach ensures kids aren’t placed in the middle of conflict — something Lexington judges take very seriously.
What Parents Should Avoid
Even if your child expresses a clear preference, avoid:
- Pressuring or coaching them to pick sides.
- Discussing court details or badmouthing the other parent.
- Using the child’s statements as leverage in negotiations.
Judges can tell when a child has been influenced — and it can hurt your credibility.
Quick FAQs
At what age can a child decide custody in South Carolina?
There’s no fixed age. Judges consider maturity and reasoning, not just age.
Will the judge ask my child who they want to live with?
Sometimes, through a private interview or guardian ad litem report.
Can a child’s choice change custody later?
Yes. If circumstances change or the child’s needs evolve, parents can seek a custody modification.
Get Clarity Today
If you’re facing a custody dispute and wondering how your child’s preference might affect the case, call The Farley Law Firm today to schedule a confidential consultation. Our Lexington office helps families navigate custody decisions with care and clarity.
Disclaimer
This information is for general education only and not legal advice. Schedule a consultation to discuss your situation.