When Can a Child Decide on Parenting Time in Minnesota?

The question of when a child can voice their opinion on which parent to live with is common in Minnesota custody cases. This topic often arises during custody disputes or modifications, where the child's perspective is considered, but the law provides specific guidelines.

 

Legal Threshold for a Child’s Preference

 

In Minnesota, there is no specific age at which a child can choose which parent to live with. Instead, courts base decisions on the child's best interest. This is a subjective matter, but the law provides 12 factors for the court to consider. Among these, factor 3 focuses on the child's "reasonable preference," provided they have the maturity to make an independent choice. While critical, this is not the sole factor, and more weight is generally given to older children, particularly teenagers, as opposed to younger children under 12.

 

Presenting Child’s Views

 

The method of presenting a child’s opinion depends greatly on the circumstances. Courts occasionally use in-camera interviews, where the child speaks privately with the judge (with lawyers present but outside of the parent’s presence) ensuring their views are expressed candidly.

 

Guardians ad litems (GAL) can be assigned to a case. There are mandatory appointments when abuse has occurred, and permissive appointments in other cases. The GAL is a trained professional appointed to represent the child’s best interests of a child in court proceedings. Where appropriate, they may present to the court what is in a child’s best interests, including the child’s preferences if known.

 

Custody evaluations may also be ordered where a trained evaluator investigates custody and parenting time, speaks to the parents and collateral contacts, as well as interviewing the child. The GAL then creates a report which includes their expert opinion on what is in the child’s best interest including, where appropriate, the child’s preferences.

 

Parental Influence and Manipulation Concerns

 

Generally, courts frown on children testifying in court. Courts in Minnesota carefully consider the possibility of parental manipulation when evaluating a child’s preference. Courts also do not want parents to ask children for their preferences or encourage them to tell others about them.  This is often considered a form of alienating behavior and can backfire on the parent seeking to involve the child in the proceedings. In fact, Guardians ad litem and custody evaluators are often tasked with identifying signs of coercion, such as a child repeating one parent’s negative opinions, or stating their preference in a way that is not consistent with a child such as using legal terms.