Courts making decisions about child visitation, also referred to as parenting time, focus on what is in the best interests of the child. One of the factors taken into account may be the child’s preferences regarding visitation arrangements. However, the weight given to the child’s preferences depends on the child’s age, maturity and ability to express opinions on their own.

Under Connecticut law, courts are required to evaluate multiple factors when determining the best interests of the child, as outlined in Connecticut General Statutes § 46b-56. Among these factors, the court may consider the wishes of a child who is of sufficient age and capable of forming an intelligent preference. The court’s ultimate goal is to ensure that the visitation arrangement promotes the child’s welfare and fosters a strong relationship with both parents.

A child’s age factors heavily in the weight the court gives to their preferences. Children under the age of 12 are generally considered less capable of making informed decisions about their living and visitation arrangements. Their preferences may still be heard, but the court is likely to view them in the context of the child’s developmental stage and potential influence from parents or caregivers. If a younger child expresses a preference to avoid visiting one parent, the court will ponder whether the preference stems from valid concerns, such as fear or discomfort, or whether it is the product of parental alienation. If there is evidence of either parent using pressure or enticement to manipulate the child, the court may discount the child’s stated wishes.

As children grow older and become more mature, their opinions carry greater weight in the court’s evaluation. Courts are more likely to respect a teenager’s wishes, since young adults are able to articulate their preferences based on logical reasoning and personal experience. However, even in these cases, the judge will carefully evaluate whether the child’s stated preferences align with what is best for their emotional, physical, and psychological health. The court will consider whether the child’s preferences are based on genuine needs and concerns or superficial factors, such as which parent has more lenient rules or offers more material advantages.

Ultimately, while a child’s preferences are an important consideration, they are only one factor among many in child visitation cases. Connecticut courts strive to create visitation arrangements that prioritize stability, safety and the long-term best interests of the child.

The O’Neil Law Firm helps parents obtain visitation arrangements that preserve a strong relationship with their children. We serve residents of Hartford, Middlesex and Tolland counties in Connecticut. To set up your free initial consultation, call us at 866-418-7593 or contact us online.