You’re worried about losing your connection with your child after the divorce. The problem isn’t necessarily your spouse, however, but your child’s own preference. When you told them that the two of you were going to get divorced, they told you that they only wanted to live with your ex.
However, you may find yourself wondering if your child even can make this decision in the first place. Don’t you have to split up child custody rights? If the court gives you custody, doesn’t that mean that you will maintain the relationship with your child?
Your child’s preference
Courts may indeed need to make a custody ruling if you and your spouse can’t agree on an arrangement yourselves. It’s also true that many courts will split custody between parents so that neither one of them loses touch with their child.
That said, your child’s preference is one of the factors that the court can consider. First and foremost, it likely depends on your child’s age and other relevant factors. The court needs to believe that the child is old enough and wise enough to understand the decision they’re making.
However, even if your child requests that your ex have sole custody, that doesn’t mean that the court will necessarily agree. They may still decide that both parents deserve to have time with the child, and they will issue shared custody rights. All three of you do have to abide by the child custody order, even if it doesn’t necessarily line up with what you would prefer.
Splitting up custody can be emotionally and logistically complicated. Take the time to carefully consider your legal options as you go through the process.
