How a Child's Age Can Affect Child Custody

May 17, 2012 - PRLog -- If you and your spouse are going through a divorce and have children, you may have questions about how child custody is determined. Most judges decide with the child’s best interests in mind. Many factors can determine a decision, including the role of the parents, any history of abuse, the ages and mental conditions of the parents, and the child’s needs. The child’s age also can affect child custody, which can all be discussed with a Virginia child custody lawyer.

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A child’s age makes a difference, especially in children under the age of 3. Separation from their primary caregivers, even for a short amount of time, can cause babies from 6-12 months of age to undergo distress. Newborns, younger than 6 months of age, may also show some distress but to a lesser degree. Toddlers, aged 12-18 months, may show distress when faced with abrupt changes to their environment but can't use language skills to cope. Children, around preschool age, may show regression to baby-like behaviors in order to cope with changes.  

A child’s age also makes a difference in child custody when the child no longer is a minor. Once children turn 18 years old, they become adults and can make their own decisions. They can decide to live on their own or choose which parent they'll live with.  

Sometimes the judge may take your child’s wishes into consideration. If the child is not yet 18 years old but has proven to be mature, is of a sufficient age, and has a preference to live with one parent, then the court may consider this when making a decision. Your Virginia child custody lawyer can tell you if your child is old enough to make that decision. Your attorney also can help you find proof that the child’s preference of parent is not just a whim but a long-term desire.  

However, judges will examine whether the parent has used what is called “undue influence.” This means swaying the child’s decision by using bribery and acting hostile toward the other parent in order to get the child to choose his or her side.

The parent may use threats and make the child feel guilty for not choosing one parent over the other.  

Visitation rights are also based on the child’s age. An infant may bond with the other parent for several hours at a time, every few days or so. Usually overnight visits are not granted at this point because they can be too traumatic. For 1-year-olds, the visitation schedule is set for 1 day a week. The child can stay overnight at approximately 18 months of age. Once the child is a toddler, visitations can increase to 2 days a week. Once the child becomes school-aged, the standard schedule is every other weekend. The same schedule goes for when the children are teenagers but with more flexibility, because teens often are involved in sports and other extracurricular activities.

If you have questions about child custody laws and what you are entitled to, a consultation with an experienced divorce or family law attorney may be of great help.  

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