Child Custody Rights for 12 Years & Older

By Wayne Thomas

Establishing child custody can be a highly contentious aspect of divorce. Although each parent may feel entitled to a certain amount of contact and authority over a child, custody decisions are made according to what is best for the child. In cases where the child is of sufficient age to understand the nature of the proceedings, his or her participation and preference might be considered by the court. Understanding how state law impacts the custody rights of your pre-teen or teenage child will help you better prepare for the custody process.

Role of Children in Custody Proccedings

When parents divorce, a court is tasked with dividing two basic types of responsibilities between parents. One deals with important life decisions that minors are typically not yet capable of making on their own, such as what school to attend and whether a particular medical procedure conforms with the child's personal or spiritual beliefs. The other type of custody involves determining where the child is to sleep and spend time when not engaged with friends, school or other activities. Because the latter type of custody, known as physical custody, affects the child's daily home life and familial relationships, the child's preference typically comes into play in physical rather than legal custody determinations.

Best Interests of the Child

In determining a custody arrangement, a judge will look to promote the best interests of the child. This interest takes precedence over the wishes of the parents and requires the court to consider several factors outlined in state law. Although the factors vary from state to state, typical considerations include the developmental needs of the child, proximity of each parent to school and extracurricular activities, and the ability of each parent to provide adequate stability and discipline for the child. Each of these factors are highly dependent on the age of the child. For example, children 12 and older often have established friends and ties to school that a court may be hesitant to disrupt. At the same time, children entering their teens may require less daily supervision by their parents than infants, allowing a working parent to more easily accommodate the child's needs.

Divorce is never easy, but we can help. Learn More

Wishes of the Child

Depending on the state, the preferences of your child might be one factor a judge will consider in establishing a custody arrangement. It is important to note that your child's preference is not controlling and can be outweighed by other factors if deemed to be in the child's best interest. Some states impose a specific age for consideration of the child's preference, such as 12 years old in both Oklahoma and Tennessee. Other states, including California and Florida, will consider the preference of any child deemed by the court to be of suitable age and capable of making reasoned decisions. Also, some states, including California, provide children 14 and older with the right to participate in the custody proceeding and to address the court. Participation is allowed even if the court ultimately decides that the child's preference should not be considered due to immaturity.


Once a custody arrangement has been established, most states allow it to be modified if a material change in circumstances has occurred. In many states, this change needs to be unforeseen at the time of the original order, such as if a parent becomes abusive or a habitual drug user. The practical effect of a modification is that in cases where a child was too young to participate or have his preference taken into consideration when custody was first established, might have a say during modification. But, as with the initial order, the preference of the child is only one factor, which may be outweighed by other factors that better promote the best interests of the child.

Divorce is never easy, but we can help. Learn More
California Laws on Teenage Custody Wishes


Related articles

Child Custody & Adoption

Legal adoption occurs when both biological parents give up their parental rights to a non-biological parent or parents. The court then awards the adoptive parents full legal custodial rights over the child. Custody rights over a child can be either legal custody, physical custody or both. These rights may be held by biological parents, third parties or a state welfare agency. Obtaining custody over a child may be the first step toward adopting the child, particularly in the context of a state child-welfare agency and the foster care system.

Child Custody Laws for North Carolina

Custody includes both physical custody, the right to provide a home for a child, and legal custody, the right to make decisions regarding a child's day-to-day care. In North Carolina, parents have an equal right to custody regardless of gender. The state's custody laws set forth the procedure a court must use when issuing or modifying a custody order.

How to Argue a Child's Best Interest for a Name Change

The standard most courts apply when making decisions about changing a child’s name is that the change should be in the best interests of the child. Historically, paternity was usually the deciding factor: The child used the father's surname. However, most modern courts consider a specific list of factors in determining what is best for the child, as opposed to the parents, when ruling on name changes. To argue for the name change of a minor child, you must address the factors considered by the court.

Get Divorced Online

Related articles

What Is a "Change in Circumstances" in a Custody Case?

Whether the case is concerning an original custody order or a custody modification, courts in every state are primarily ...

How to Divorce in California & Leave the State With Children

A divorce represents an opportunity for spouses to move on. Often, this results in relocation to another town or state. ...

How Old Must a Minor Be in Kentucky Before He Has a Say in Custody & Visitation?

Parents are often vocal about their preferences in a custody battle. However, a child also may have an opinion about ...

Sole Custody Vs. Parental Rights in Michigan

A determination of the degree to which each parent should be involved in the raising of minor children is an important ...

Browse by category
Ready to Begin? GET STARTED