In Minnesota, there is no set age at which a child can independently decide which parent they want to live with following a divorce or custody dispute. However, the court will consider the child’s preferences if the child is deemed mature enough to express thoughtful and independent opinions about the parenting time schedule. While the child’s input is important, it is not the sole factor in custody decisions. Instead, it is one of many considerations weighed by the court to determine what arrangement serves the child’s best interests.
Older v. Younger Children
The court typically gives more weight to the custodial preferences of older children than younger ones, as older children are generally believed to have a greater capacity for reasoned judgment. However, the reasons behind the child’s preference are just as important as the preference itself. For example, if a child expresses a desire to live with one parent because that parent enforces fewer rules or offers more material benefits, such reasons are unlikely to carry significant weight. On the other hand, preferences rooted in the child’s sense of stability, emotional support, or well-being may be given greater consideration.
Weight Given to Preference
Importantly, the child’s preference is never the sole determining factor in a custody decision. Courts evaluate the child’s input alongside other factors, such as each parent’s ability to provide a stable and nurturing environment, the child’s relationship with each parent, and any history of abuse or neglect. Judges strive to ensure that their decisions promote the child’s long-term health, safety, and happiness.
Influence Over a Child
To ensure fairness, courts are cautious about the authenticity of a child’s stated preference. If there is evidence that a parent has manipulated or pressured the child into choosing a particular side, the court may disregard the preference. Judges take this issue seriously, as parental manipulation can undermine the child’s autonomy and harm their emotional well-being.
Children Testifying
In Minnesota, judges are also reluctant to require children to testify about their custodial preferences in open court. Forcing a child to choose between parents in a public setting can cause significant psychological distress and place an unfair burden on the child. To avoid this, most judges prefer to conduct private interviews with children in their chambers, away from the parents’ presence. These interviews allow the child to speak freely without fear of upsetting either parent. While the parents are not present, their attorneys may be allowed to attend the interview to ensure fairness and transparency. This approach is consistent with Minnesota Statute § 518.166, which provides guidance on interviewing children in custody cases.
Professional Involvement
In addition to private interviews, courts may involve custody evaluators or other professionals to assess the child’s preferences. These experts meet with the child, evaluate their perspective, and provide a report to the court summarizing their findings. This process allows the judge to gain a deeper understanding of the child’s needs and desires without placing undue pressure on the child.