How much does my children's wishes count?

Question

My wife is seeking custody of our two teenage children (15 & 13) I think they might want to live with me. I tell them all the time that both of us love them very much and that they will be able to spend as much time with either parent as they want no matter where they live. My wife wants them to live with her for obvious reasons not just the child support, however she is counting on that; but I think the kids want to live with me. I know the courts take their wishes into consideration, and both of us are equally capable of taking good care of our kids. We both love them very very much and we both want them to live with us. Any help with this?

Answer 1

Typically... especially now adays... they are granting fathers 50% custody... which usually is split... one week on and one week off... This saves the fathers a great deal of child support... but it has to be 50% or more... no less... check into it... typically works well when you live close together... good luck

Answer 2

your chances of getting custody depends on where you live, but your kids can tell the judge what they want, and with their ages, that will be taken into consideration.
personally, my husband got custody of his two kids, (ages 13-12 at the time, maybe 12-11). However, the laws here in Georgia say that the child can decide where he/she lives when he's 14. Now the kids are 16-15, and of course, they use that law to go back and forth between home and their mom's whenever they dont get their way. It really screws our lives up when they come and go like that.

sorry for the rant... but to answer your question, yes the judge should take their wishes into consideration, but they have to be willing to do two things at once: face their mother and tell her what they want, as well as tell the judge what they want. (thats another personal problem-- the kids change their views on everything depending on who theyre talking to and who theyre around)

Answer 3

The courts will probable have you share custody, unless the kids go to court and say to the judge who they want to live with. Either way it is going to be very hard on the kids, so you and your ex must keep thinking what is in the best interest of the children.

Answer 4

When this comes upin court,ask the Judge to let the children decide who they want to live with. The Judge ill talk to them in his/her chambers and if he likes their answers,then he will take into consideration their choice. There is no guarantee that the Judge will automatically grant their wish. He also has to take into consideration any other important issues as anyone contesting it, possible parental criminal charges, home issues, etc. If there is nothing and no one contess their wishes,then the Judge will usually rule in favor of the childrens wishes. The courts usually award custody to the mother in custody cases unless she is ruled unfit or declines custody responsibilities. Good luck

Answer 5

Why don't you and your wife agree to joint custody? The courts will consider what they want because of their ages, they are old enough to voice their opinions. Good luck.

Answer 6

Before I waste time trying to answer you, would you like to inform this forum in what state you reside and where the divorce is being contested?

You know, a little fact like that might be important.

Answer 7

Until you are sitting in that courtroom, you really cannot be sure whom your children will say they want to live with. They are both old enough to say what they would like.

Answer 8

Your children are of the consenting age to tell the judge who they want to live with.. it's their decision.