Should children decide who they want to live with?

United States
November 3, 2008 8:27am CST
The question is simple but the answer is complex. Should children of divorced parents be able to decide who they will live with? If so at what age? This is a discussion that recently came up at our table one night at supper. I am a divorced man with custody of my children and my 12 year old son asked why he could not live one month with me and one month with his mom who lives in another town. After explaining the difficulty with trying to get an education while bouncing from school system to school system he told me that he understood and that he did not really want to do that but he was courious. We then got into a discussion and I told him that children could not choose who to live with. This was a mature decision not based on who in more strict or who provides more of a childs wants. The decision was based on what is best for the child. I did however tell him that a judge would consider a childs request but would decide on the basis of what was best for the child. What is your opinion?
3 people like this
21 responses
• India
3 Nov 08
I think when parents divorce, the children undergo a major trauma and are in a state of shock and depression, and they require love for them to be able to over come the trauma. All children are close to either one parent when the relationship between father and mother is not good. If the relationship is good theymay be clsoe to both parents. If the courst gives custody of the child to a parent who the child is not comfortable with, no matter who much facilities can be made available by that parent, the child will never be albe to grow up in a normal way. What is required is that the child shoudl be relaxed and happy. Love is more important than physical needs. yers a child can not live alternately with both parents for a month each, but shoudl be permitted to stay with the parent he is comfortable with. The child should not be used as a pawn to settle scores with each other. You have to decide if you want the happiness of yor child or you want physical possession of your child. What if you rchild starts hating you while staying with you? It is better that he stays away but loves you and longs to meet you. You will be albe to hold on to him till he is 18, but what will happen after that? Then the relationship will depend on love and not a court order. Let love prevail an dnot a court order.
2 people like this
@mommyboo (13174)
• United States
3 Nov 08
Yes, love is important, but kids have very real physical needs too. A parent who is not going to be home, cannot provide a home, food, medical care, does not make sure the kids go to school - those are serious discrepancies. Kids will also feel abandoned after a divorce, even if it is amicable and nobody has been fighting or yelling or blaming anybody. Even older kids will feel this way, and later on they often 'test' the new parent, saying things like 'you're not my REAL mom' and 'are you going to leave me too?'. I know because I've had both of those things said to me over the years. My take is that yes I AM the real mom, I have been there, good or bad, and I will be there good or bad for the rest of their lives. I would urge people to try to discuss and work things out without the court if possible because once you bring in the court, you can never go back to dealing with things privately. After you get them involved, you're stuck until the kids are 18.
1 person likes this
• United States
4 Nov 08
Ok this is what i think i am a person from a divorced child hood and i think that if the child thinks that they will have a better life with one of the parents then yes but if they cant decide for themselfs then no and the age that i moved out of one of my parents is 16 that is a good age for some one to decide what they want in life not for it to be pushed on to them
1 person likes this
• United States
4 Nov 08
I agree to some extent but then again a 16 year old does not always make decisions maturely they often just want to party and would use that reasoning to make decisions.
@sudalunts (5523)
• United States
3 Nov 08
Like you mentioned, children should be able to voice their opinions as to who they would rather live with. Their choices may be based on which parent is more lenient with them etc. Just like you said, it is always to be in the best interest of the child and the judge would make the decision. I a case like your son's, he should be able to see his mother as much as he wants, but moving with her as you said would disrupt his education since you do not live in the same districts. Your explanation to him was very exact and mature. Good luck,
1 person likes this
• United States
3 Nov 08
I agree he should be able to see her as much as possible and does see her every week. He has no restrictions on phone calls, email etc and we include her in decisions and keep her informed on a regular basis.
1 person likes this
@Valenas (1507)
• United States
3 Nov 08
I think this is a really complex issues with several, "What if"s attached to it, and a lot of conditions. I think that the child's opinion should matter to an extent. But I also think that, as long as the parent is stable, they should stick with, or really be encouraged to stick with, the parent that can provide for them the best and will offer them higher education. I know that there are scholarships, but it would be nice to have a solid foundation to fall back on. I think that if both parents could provide for this, and they're both stable, then the child, definitely, should be able to choose. As I said, there are a lot of exceptions that could be applied to this.
• United States
3 Nov 08
I agree all the circumstances have to be considered and then we as parents should make the decision. Sometimes however it takes a person on the outside who can look out for the best interest of the child such as a judge or a mediator.
1 person likes this
• United Kingdom
3 Nov 08
Yes, I think that the child's views are very important when it comes to deciding who they want to live with. The child obviously feels happy with that person and so, this is one of the main reasons that they have made this choice. There is the other side of the coin though! Children are very impressionable and so, their minds could have nurtured or programmed in the wrong way! They can be taught to adopt a false kind of belief about a family member. That's a hard situation to be in, I know because my own parents divorced when I was very young and I was forced to choose between one parent or the other. As hard as it is, I think the childs thoughts on the matter need to be taken into consideration. Andrew
1 person likes this
• United States
3 Nov 08
I agree that their opinion matters but children make decisions sometimes based on emotion. If they feel they can get their way with one parent or if they feel one parent needs them to take care of them. Sometimes in anger at one parent they will say they want to live with the other so the ultimate decision needs to be made by a mature adult in the best interest of the children.
• China
3 Nov 08
Just like what you said, It's indeed a simple question but the answer is serious and complex. I totally agree with you about your opinion: the decision should be based on who is more eligible for the children's development, which includs many factors such as financial conditon, education background and so on. Yet, if the parents both appeal the raising right for the children, the judge will have to consider the children's wish unless the kids is too yong to have the abilty to make their own decision.
• United States
3 Nov 08
Divorce is never easy especially on children. One of the things I try to do is make sure my son knows it is ok to love us both and I respect his privacy when he is on the telephone with his mother. I try to let him know that his opinion is important to me as well.
1 person likes this
@annjilena (5618)
• United States
4 Nov 08
i feel its only so much a woman can teach a boy just like it,s only so much a man can teach a girl this is only my opinion but i know in some cases the boy and the girl have to live with mom are dad they do the best they can but it sounds like he misses his mom.but him going every month is going to hard what about every six months.are when school is out.
• United States
4 Nov 08
Actually as it turns out his mother was manipulating him. I don't know her reason for doing this other than the fact that after two years she is finally paying child support.
@anetteh (3590)
• Sweden
4 Nov 08
Hi kindredspirits, this is a hard topic. There are no rights and no wrongs. Your son is in his age of thinking on his own, therefore he is creative thinking about important stuff. However, they do not think of consequences, therefore they are not yet old enough to make big decisions. If for some reason the parents can ot agree about where the children should live, it is a judge who make those decisions. I for one, are divorced. But we tryed to make the divorce as healthy as it can be for the childrens sake. And their father moved to a town way from us, so we decided it was for the kids best interest that I was the only custodian adn that the children was going to live with me. Our kids did not question that, since they did not wanted to move from the town. And we did talk a lot with them. It is not easy, it is hard, it is tuff. There is no right or wrong here, but we as parents and adults need to do the best we can so the kids do not suffer to much bad from a difficult task as a divorce is.
• United States
4 Nov 08
I guess one of the only thngs we can do is show them they are loved and allow the other parent to do so to. I have my son seeing a councelor and that has helped alot.
@mommyboo (13174)
• United States
3 Nov 08
The court system is flawed but in all cases, evidence should be presented and a judge SHOULD decide in favor of what will make the best environment for the child. This takes into account many factors, including trying to figure out which of the parents truly will be a better single parent (some parents are fine together but cannot do it alone), which one will be more responsible, which one is more secure - both emotionally and financially, and sometimes in the end what will cause LESS harm to a child when both options seem to be about equal. I guess it would also take into account which parent really would be better off raising the child, since some parents only fight for custody because they don't want to pay support or they don't want their kid thinking they don't want them - this isn't the same as WANTING to be a parent. Keeping disruption to a minimum is important, going back and forth so often from one house to another does not seem to me for the most part to be a nice easy unstressful thing. There's not just the matter of bouncing from school to school but what about activities? If the child lives with dad most of the time and has not only school but maybe soccer... and music lessons, what if mom cannot keep up with those things because it's too far to drive or at an inconvenient time (work commute or hours)? Whenever I see 50/50 shared custody I figure that the parents must REALLY want to co-parent and do right by the kids, they just don't want to be TOGETHER to do it. My experience has been that what is the best environment and situation for kids is sometimes not what the kids want. My older kids are my husband's kids, and he has had custody of them for a long long time. One of them is all grown up now, the other is a junior in high school. Kids WANT to have their needs met, and they want to have adults who care about them. Kids are also selfish and they want THINGS. They prefer not to have a bunch of rules and restrictions either, and often they will say 'I want to go live with so and so instead because THEY wouldn't make me (insert something here)'. That is exactly the problem if the other parent wouldn't make a child go to school. If they never teach them responsibility through chores. If they never have to explain where they are going or tell you who they are with. I know that kids get mad when you say 'I said no because I love you' or 'I need to know where you are because I care' but honestly, I would never have NO boundaries because that would mean I DIDN'T CARE. I do think that older kids should get a say - but they have to have an actual reason. If a teen wanted to live with a particular parent because it was closer to their school or they had a part time job and it was close to the job - and perhaps they were helping their parent out as well, that would make more sense than a kid the same age griping and saying 'well I want to live with my dad because he wouldn't make me go to bed at 10 pm' etc. See what I mean? As long as there is a well thought out mature decent reason for a request and the parents are not warring or bickering with each other over it, it would be okay. I'm only thinking like 14 on, younger that that would be on a case by case basis.
@mommyboo (13174)
• United States
4 Nov 08
Thanks . I never expected to have so much to say about this but I not only am a 'step' parent, I have so many friends who have both tried to give kids a better life and ones who have lost custody over ridiculous circumstances. I really really advocate trying to deal with things amicably without involving the court or even other people, and if that fails, use as little of the court and government as possible. It's also much easier if both parents live close to each other - ie in the same town, because then shared custody can work with each parent taking the child to the same school on their days, no trouble with extra curricular activities or visiting with friends. When there's a case of one parent gets permanent custody and the other parent happens to move to the other side of the planet, all you can do is TRY to encourage them to contact the kids, send things, visit when or if possible.
• United States
3 Nov 08
That is where we as adults must step in and help by making the decision that best meets the childrens needs. Great response thanks.
@Jezebella (1446)
• United States
3 Nov 08
I think that at a certain age the kid's opinion is important and at his age it is important. Talk to him about it, see why he brought it up in the first place, maybe he wants to see his mother more and spend more time with her. If that is the case then maybe you can schedule time they can spend together.
• United States
3 Nov 08
I have talked to him and they do spend time together. As I said in one of the comments above he has no restrictions on the phone and email that would prevent him from contact with his mom and I do give him the privacy to do so. I know from talking to him and his siblings what the problem is but I have not stated it in these post because I do not want to put down his mother.
• China
4 Nov 08
in my eyes,that's a really nice idea combine the kid's view with age.first,the kid has right and choice to make up his own opinion.they could decide to whom live with.that probably brings kids happiness.if we think of it in another way,if the kid is fairly young,as they make a decision depends on their parents ,it's easy to affect his real wish.so i think before the kid has real judge forece,depends on court,when they have real judgement ,that depends on themselves.
@ganderlot (351)
• United States
3 Nov 08
That's a tough one. I think it depends on the age of the child. The judge should get the opinion of the child, however I agree that the child may not always know what's best. When the musician Ted Nugent got divorced the kids stayed in the house and the parents alternated staying at the house. I thought that was a great idea.
• United States
3 Nov 08
That is a good idea wish I had that kind of money to be able to do that.
• United States
3 Nov 08
Don't we all. Sounds like your son is a pretty bright guy.
• United States
3 Nov 08
Thanks he is a great kid who has been through a lot.
• Sri Lanka
3 Nov 08
I think that the child's opinion is very important as the child has to be happy with whom he/she is going to grow up with.Since divorce is a huge trauma on the child,this would affect the child's decision,especially if the child is below 10.But whatever the case the child should be brought up in a place where he/she receives the best out of the divorce.
• United States
3 Nov 08
That is all I am seeking for my son "the best". Going trough a divorce is hard enough on adults and more so on children.
• Sri Lanka
3 Nov 08
Hmm..now that your son is 12 and he seems like a smart kid,why not ask him for his opinion and consider some changes with your ex-wife.Just a suggestion.
@zalilame (880)
• Malaysia
4 Nov 08
I do think children with the age of 10 and above should decide for themselves. People always think children can decide for themselves. I think that children should be with parent they are comfortable with. But it is better if they make the decision with guide from adults.
• United States
4 Nov 08
The problem is finding balance for them so that they can feel free to love both parents and then the parents must be there for the child.
• United States
4 Nov 08
I think perhaps what should be considered is which parent could give the child the most quality time spending and love. However can this particular parent also provide the necessary needs of the child as far as good food, shelter, allowance, clothing, entertainment and other necessities. Also I'm not sure what age but when the child comes to a certain age that he knows which parent he would like to have full custody of him/her then I think the child's request should be seriously considered for the well-being and the happiness of the child.
• United States
4 Nov 08
I agree we should always seriously consider the childs opinion but base our decision on many factors.
@gemini_rose (16264)
4 Nov 08
This is a real toughie, I am married with kids and I have thought about what would happen if we were to ever split. My immediate thoughts are that the kids should stay with me, their mum, but, what if they did not want to. I mean if their dad wanted them to live with him and they wanted too what would give me the right to say that they could not choose to go where they wanted too. I would be taking away their choice and possible happiness. I mean if they are old enough to talk the courts usually take the childs request into consideration because they did when my sister in laws partner wanted custody of her kids, the kids did not want to live with their dad and they literally begged the judge not to give him custody of them and in that case the judge went with them. I would purely be going after what would make me happy if we were to split, not what the kids wanted, it would be a horrible thing to have to decide.
• United States
5 Nov 08
In my case it was not such a hard decision since the childrens mom was leading a lifestyle I did not want the children exposed to on a daily basis. Another factor was that when we first seperated until the first time she had to make a child support payment, 2 years, she di not want them.
@katsmeow1213 (28717)
• United States
6 Nov 08
I don't think it's best for a child to choose which parent to live with. Not every child is mature enough to make that decision, and may choose the fun parent over the responsible one. One of my husband's co workers was dealing with this awhile back. He had 2 teenage girls who's mother was very irrisponsible. She left them home alone for a whole week without even telling them she was leaving. She went off with a boyfriend. After this the co-worker decided to fight the mom for custody, but the children put up a huge fight. They didn't want to live with their strict father, they wanted to stay with mom who allowed them to be out until 2 in the morning if they wanted.
• United States
7 Nov 08
I agree and another issue is that it makes the child feel as if they are pitted against the parents
• India
4 Nov 08
Children.... As the name suggests are not too capable of choosing the right partner for themselves. I think that there short interaction with someone is misinterpretted by them as love or call it an attraction which compelle them to think and feel more about one another. But, this may not be too stable for a long-term basis. It is generally seen that the love that people discover before marriage is often lost after marriage and they are not able to live with each other. In India, more than 50% of love marriages have turned into divorce or seperation. I think that our parents have seen life more thn us and they are more experienced to choose a person for us who may be able to give us a better life ahead. It is generally seen that arranged marriages are more successful and feuds between families is also minimised as the parents have choosen the mate and they have no ill-will agains them and no prejudice. SO, this would even reduce violation of woman's rights and crime against them. Therefore, i stringly believe and i think i have prooven my point of children not able to choose the right match for them....
• United States
5 Nov 08
I agree as I said before children often make their decisions based on emotions and not sound reasoning.
@calajane (1003)
• Poland
3 Nov 08
To be honest I think each of the cases like this shold be treated individually. Generally it all depends on the age and maturity of the child. But the hild opinion should definitely at leas be taken under consideration. After all, what if the kid wants to live with the father and will be miserable with overworked mommy? A judge, who will take few hours to decide the fate of the child will not be abe t trully understand the dynamics of the family, not like the child knows it.
• United States
3 Nov 08
I agree the childs opinion should be considered but they do not have the sound reasoning to make these decision. That is why it has to be made by an adult
4 Nov 08
based on the discussion that i read,mommyboo got the point..the point raised as to who is capable of raising the child in a good environment. But as a child, he's 12 y.o right? he has the right to go to her mother once in a while.he needs mother love and care. he also need to be with her in different aspects. there are things that only a mother can handle. same way as there are also just for fathers..If courts favor you, you should be thankful because they sees that you can raised yur child in a good way. maybe his mother is not that stable. but then again, as i said,there are things that only a mother can do...you said that you are both in good terms(his mom) then you have nothing to worry about.. your child is safe...
• United States
4 Nov 08
I agree and I encourage him to see his mom any time that he can. One he first started going to see her he would beg not to go but the councelors told me how important it was for his development and we were able to work this out.
• United States
4 Nov 08
well, I think this goes both ways. I mean the child (if young) may not understand whats best for him/her. As a child the parent who raises their child to be polite, kind, honest, ya know all those good things, will seem like the mean parent who doesnt care (in the childs eyes of course) Whenever I punish my son for bad behavior he yells, "I want to live at daddy's, daddy let's me stay up however late i want." I feel that he may mean what he says, but it wouldnt be better for the child. As the child becomes older than maybe the decision making should be more in his/her favor. Once the child knows right from wrong, good from bad, and realizes that responsibility goes a long way in life, then maybe the child should have more of a voice in the matter. Again this could go both ways.... A "good" parent could also be, not so good, when alone with the child. Maybe on the outside the parent looks like a "good" parent but when the child is there alone, the child could be going through some kind of abuse, and told not to tell anyone. I mean there are so many issues with this topic, its hard to choose which side to be on. As a mother with 2 kids, I can relate.
• United States
4 Nov 08
You are right kids base their decisions on emotions or use them to manipulate. So if you anger a child no matter what age they are they could strike back in anger at you by saying "I don't want to live here".