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Child custody disputes are often the most emotional and difficult part of a divorce or separation. When children are old enough to express their preferences, parents frequently ask, will the judge let my child choose where to live? In South Carolina, a child’s wishes can be considered—but they are not the final word. Courts are guided by one overriding standard: what is in the best interest of the child. A child’s preference is just one factor in that analysis.
At Sarji Law Firm in Charleston, we help parents understand how the court views custody decisions and how to protect their parental rights while prioritizing their children’s wellbeing. If you’re navigating a custody battle and wondering how your child’s opinion fits into the legal process, here’s what you need to know.
South Carolina law does not allow children to unilaterally choose which parent they want to live with. Instead, the family court may consider the child’s preference if the child is mature enough to express a reasoned opinion. There is no fixed age at which a child can decide. The court makes that determination based on the individual child’s maturity, intelligence, and ability to understand the consequences of their choice. If the judge believes the child’s opinion is genuine, informed, and not the result of manipulation or pressure, the preference may carry significant weight, but it’s never the only factor.
When a child’s preference is introduced in a custody case, the court considers several key questions:
For example, if a 14-year-old says they prefer to live with their father because he’s more supportive of their education and provides a stable home environment, that opinion may carry weight. But if a child prefers one parent because they are “less strict,” the judge may view that preference with skepticism.
To better understand how the court interprets these factors, visit our page on child custody in South Carolina.
South Carolina judges must prioritize the child’s best interest when making any custody decision. This broad standard includes factors such as:
A child’s wishes are weighed alongside all these elements. Judges are especially cautious when they suspect that one parent is manipulating the child’s preferences or trying to alienate the other parent.
Not usually. South Carolina courts generally avoid placing children in open court to testify about which parent they prefer. Doing so can be traumatic and may damage relationships with one or both parents. Instead, the judge may speak to the child privately in chambers (called an in-camera interview) with only the guardian ad litem and the child’s attorney present, if applicable. This allows the child to speak freely without the pressure of being in a courtroom. Alternatively, the child’s views may be presented through:
These professionals help ensure that the child’s wishes are presented in a developmentally appropriate and objective way.
Yes, but not in the way many people assume. South Carolina law does not set a specific age at which a child can make custody decisions. However, the older and more mature the child, the more likely their preference will be taken seriously by the court. Generally speaking:
Even a 17-year-old does not have the legal right to make the final decision. However, if a mature teenager expresses a strong and reasonable preference, it will likely influence the outcome.
It’s common for parents to have conflicting views about what the child wants or to disagree about whether the child should even be involved in the decision-making process. In these situations, it’s critical to maintain a respectful, child-focused approach. The court will be watching both parents’ behavior closely. A parent who badmouths the other, pressures the child, or uses the child as leverage may lose credibility with the judge. If your case involves a contested custody issue, working with an experienced family law attorney can help you present your position effectively and avoid costly mistakes.
At Sarji Law Firm, we understand how difficult custody cases can be, especially when a child is old enough to have their own opinions. We help parents navigate the legal system with clarity and compassion, always keeping the best interests of the child at the center of our strategy. We can assist with:
If you’re facing a custody dispute and want to understand your rights and your child’s role in the process, contact Sarji Law Firm today. We’re ready to help you protect what matters most.
