Is the glass half empty or half full?  A child’s preference can be a factor.  The first consideration is the child’s age and maturity.  The older the child, the more weight will be given to a stated preference.  However, the Court will also consider the maturity or lack thereof regarding the child’s reason for the stated preference.

            If the child asserts a preference but is being alienated by one parent, then the child’s stated preference may be negated.  If the child states a preference but it is clear that the child’s preference is merely to be with the parent who does not set boundaries, curfews or, with older children, is not home much, etc., then again the child’s stated preference may be negated.

            Each case is different and requires extensive skill and experience.  If you are dealing with a custody or parenting time issue, call Iandoli & Edens at (908) 879-9499.