Initially, in a contest between the parents over the custody of the minor child, the primary question is what is in the best interest of the child. The term “custody” refers to “legal custody,” “physical custody,” or both. Legal custody is a parent’s ability to remain involved in the child’s life. Physical custody means that child will reside with a particular parent. Custody is one of the most troubling and emotional parts of any divorce case. At Woodruff Law, we always try to find an amicable solution that works for the client.

Child 14 can choose
A child 14 years of age or older has the right to choose which parent that child desires to live with, and the court has wide latitude in determining whether that parent is fit to have custody of that child. If that parent is found unfit, the child’s right to choose is not controlling.

Child 11 but not yet 14
The court will consider the desires and educational needs of a child that is at least 11 but not yet 14 years old. The Judge, in this situation, has sole discretion, and the child’s desire will not be controlling.