Memphis, TN family law attorney Daniel Loyd Taylor talks about whether a child has input in a child custody decision. Under certain circumstances, if a child is 12 years or older and the parents are in litigation to determine custody, either parent can file a motion with the court to request that the court speak with the child and at least hear the child’s preference. The court may inquire into the reasons behind the child’s preference, though it is not required to follow the child’s wishes but must at least listen to them. For children under 12, the court is not obligated to speak with the child.

During negotiations, when parents are working to agree on a parenting schedule, it is often wise to take the child’s wishes into consideration. The child’s age and maturity level play a significant role, as a 16- or 17-year-old with an active social life may have preferences parents should respect to a reasonable extent. However, children should not be allowed to dictate terms to their parents. For example, in earlier generations, children would not have dared to tell their parents what their schedule would be.