Child Custody: Your Child’s Age and Sex May Count
Among the most interesting elements that a court considers when awarding custody of children is the age and sex of the child. When children are very young, this factor is not so important. After all, a baby’s main concern is to be fed and kept reasonably clean. However, an older child’s preferences are more likely to be based on experience.
A young child’s preference may be to live with the parent who last bribed him. If Dad just bought him a new bike or a computer game, he may confuse his best interests with the momentary pleasure of receiving the gift. However, an older child may have genuine reasons for preferring one parent’s home over the other. The court’s job in this case is to decide whether the preference is based on genuine concerns or is a reflection of the child’s own agenda. For example, if your fourteen-year-old daughter wants to live with dad because she knows he will give her more access to her boyfriend, a judge will not find your thoughts on the matter as convincing as an observation like, “Dad helps me with my homework so that I can get decent grades”.
other factors in the emotional makeup of the child may influence where they should live most of the time. If a boy is closer to daddy and shares her interests, she better have the masculine guidance that only a man can offer. A daughter may feel more secure having another woman to help her navigate as a girl approaching adulthood. Conversely, if the child is closer to the opposite-sex parent, she might have a better chance of achieving a well-balanced adult life with that parent.
The maturity level of the child is also important to a judge exploring this factor. A 10-year-old who has seen his parents’ lives and can make legitimate observations about their qualities and actions will be much more credible to a divorce judge than a 15-year-old who is failing school and prefers to spend his time playing. computer games and hanging out with his friends.
In the end, the question of a child’s sex and age is not the only, or even the most important thing that a judge deciding on child custody must consider. There are other aspects of a parent’s life that also indicate that the child would be better off in that parent’s custody. However, the older a child is, the more likely it is that his preferences and his ability to better relate to a parent with whom he will make his primary home may influence his final custody placement. Therefore, in the case of a particular child, her age and sex could be highly relevant to where he ends up making his home.
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