Child's Preference for Visitation

Courts understand that in most cases relationships with both parents are in the best interests of the child. The best interests of the child is how the court measures his or her the well-being. A court is not required to consider the preference of the child when awarding visitation, as long as the court finds that any visitation decision is in the best interest of the child.

The weight given to the preference of the child for visitation varies with the child's age. If the child is of a certain age where a court believes that he or she is able to express a preference, a court may consider the child's preference. Simply put, courts will not allow the child to decide the terms of visitation. This is because it is the court's function to safeguard the child's best interests and to give the child the final say in awarding visitation could make the child a bargaining chip in the relationship between the parents.

There are key factors that courts use when considering the preference of the child:

•Maturity level and age of the child
•The reasons for the child's preference
•The fitness of the parent seeking visitation
•Hostility of the child towards the other parent
Changes in visitation can have the effect of working against the child's best interest because the stability of the child's upbringing may be interrupted. This must be weighed against any harm to the child by continued visitation with an unfit parent, for example.


In addition to the age of the child, courts also consider whether the preference relates to factors that are in the best interests of the child. A judge may ask about the child's life in general, including school, friends, life with the custodial parent and the child's feelings toward the other parent. Keep in mind though, the child's preference is only some evidence for the court, and the court may even disregard the child's preference.