The division of parenting time can be one of the most contentious elements of a Texas divorce. Parents may worry about losing their connection with their children. They may also worry about the stress that the divorce and custody proceedings might cause.
Parental conflict and the pressure to take a side are among the most damaging elements of a parental divorce. Children and teenagers may feel compelled to side with one parent, especially if they must speak about their preferences regarding custody arrangements for the family. Do older children and teens need to assert their preferences in a contested custody case?
Older children have the right to express their wishes
When a Texas family law judge hears a litigated custody case, their priority should be creating a custody order that is in the best interests of the children. The law in Texas gives children the right to express their preferences when they are 12 years of age or older.
A judge considers their wishes along with other information about the family as they create their final custody order. Parents can protect their children from the pressure to take sides and state a specific custody preference by settling parenting disputes outside of court.
In an uncontested custody case, a judge approves the term set by the parents. The children do not need to state their preferences, which can protect them from the pressure they may feel in a litigated custody scenario.
The desire to protect the children in the family can be a powerful motivator for parents trying to settle their child custody disputes. When parents can reach an agreement outside of court, children do not need to state their preferences, which can help limit the emotional turmoil they experience during the divorce.
