Law Office of Shauna T. Hagan

Call the office today: (302) 321-6489

  • Home
  • About
    • Hagan, Shauna T.
  • Practice Areas
    • Divorce
    • Child Custody
    • Guardianships
    • Mediation
    • Child Support
    • Alimony / Spousal Support
    • Property Division
    • Adoption & Termination Of Parental Rights
    • Common Myths About Family Law
  • Blog
  • Contact
Law Office of Shauna T. Hagan
  • Home
  • About
    • Hagan, Shauna T.
  • Practice Areas
    • Divorce
    • Child Custody
    • Guardianships
    • Mediation
    • Child Support
    • Alimony / Spousal Support
    • Property Division
    • Adoption & Termination Of Parental Rights
    • Common Myths About Family Law
  • Blog
  • Contact
Email
CALL

Real Answers For Real People With Real Problems

  1. Home
  2.  | 
  3. Child Custody
  4.  | 
  5. Can my child choose where to live?

Can my child choose where to live?

On Behalf of The Law Office of Shauna T. Hagan, LLC | Jul 26, 2023 | Child Custody |

Defining physical custody terms is a standard part of divorce cases involving children.

While your child cannot definitively determine where they will live, their opinion can play a role in the court’s decision.

When the court considers a child’s preference

While there is no specific age determining when a Delaware judge will consider a child’s physical custody preference, they will factor in the opinion of an older, more mature child. For example, a teenager’s opinion holds more weight than a child under the age of 12.

However, the judge does not have to follow the child’s choice when making a custody agreement. Instead, they weigh that preference with other factors that impact the child’s best interests.

Considering the child’s best interests

When parents go through the court system to seek a custody arrangement, the judge follows a basic format but still makes determinations on a case-by-case basis. Their priority is to make decisions based on what is best for the child. Some factors they consider include:

  • The child’s physical and emotional health
  • The relationships between the child and each parent
  • Each parent’s health and history regarding caregiving for the child
  • Each parent’s criminal history and the records of anyone living in their household
  • A contact schedule, if available

The goal is to create a custody plan that causes little disruption to stability in the child’s life and nurtures the relationships they have with parents, siblings and other family members.

When parents enter custody proceedings with the goal of serving the child’s best interests, it often improves the process.

Recent Posts

  • Tips for creating a summer parenting plan that works for everyone
  • What contributions to a marriage matter in alimony decisions?
  • How can courts prevent exploitation in guardianships?
  • Can you relocate out – of-state with children post – divorce?
  • Understanding the differences between sole and joint custody

Archives

Categories

  • Child Custody
  • Divorce
  • Firm News
  • Guardianships

RSS Feed

Subscribe To This Blog’s Feed

What Is Your
Question?

Law Office of Shauna T. Hagan
Office Address
1907 Delaware Avenue
Wilmington, DE 19806

  Wilmington Law Office

Phone Number
(302) 321-6489
  • Follow
  • Follow
Review Us
Avvo Rating | 9.9 Superb | Top Attorney Family
Visa | MasterCard | American Express | Discover Network | PayPal

© 2025 The Law Office of Shauna T. Hagan, LLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw