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Does the child’s preference matter?

The child’s preference is certainly a consideration but it is not a controlling factor. If the child is of suitable age and maturity to express his or preference (there is no established age in North Carolina law when a child is allowed to state a preference), a judge will consider the child’s preference along with all other factors that are relevant to the best interests of the child. You should proceed cautiously in discussing with the child his or preference so the child does not feel that he or she is being asked to choose between parents. If possible, you should first try to reach agreement with the other parent without involving the child in the decision.

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

About John Fernandez

John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.


John P. Fernandez
Attorney at Law
9555 US Highway 15-501 North
Chapel Hill, NC 27517
(919) 601-5028

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