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Massachusetts Law - Does the Court Listen to the Children? The advantage of a court listening to a child's preference is that the child may be better off staying with the parent he or she prefers. Also, the child may have a valuable perspective to add. The disadvantage is that it could lead the parents to start coaching or bribing the child, or bad-mouthing the other parent, to the child's detriment. In Massachusetts, the court may take the child's wishes into account and interview the child privately, off the record, in the judge's office. Cases: Ardizoni v. Raymond (1996) 667 NE2d 885 (The review court overruled the original judge's custody decision, which had split up identical eleven-year-old twins, sending one to live with each parent. The reviewing court had found that it was in best interests of the twins to be together. The children had expressed preferences for different parents and had each been sent to live with the parent preferred.) Bak (1987) 511 NE2d 625 (In this case, the court concluded that the preference of an eleven-year-old is a factor to be considered, though it is not the only factor.)
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top Massachusetts legal page. Click here for the Massachusetts divorce legal table of contents. | |||||||||||||||||||||||||
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