When Do Idaho Judges Consider a Child’s Custody Preference?
Since as long as we can remember, I’ve been frequently asked, “Can my child choose which parent to live with?” The thought that a child might (or should) decide where they live after a divorce can be quite emotional for both kids and parents. In Idaho, the answer isn’t just a straightforward yes or no. While a child’s preferences are important, they are just one part of the larger picture when it comes to custody decisions.
The courts in Idaho emphasize the best interests of the child. Therefore, while a child may be heard in the proceedings, they do not possess the authority to make the ultimate decision.
No Set Age, Just Maturity and Reasoning
Unlike in some states where children gain more independence at a specific age, Idaho law takes a more flexible approach without setting a strict cutoff.
A 14-year-old doesn’t automatically get to pick their household. A 16-year-old’s opinion isn’t binding. In fact, the law doesn’t set a specific age at all. Instead, judges weigh a child’s maturity and the reasons behind their preference.
If a child says, “I want to live with Mom because she helps me stay focused in school,” that’s going to be taken far more seriously than, “Dad has cooler video games.” Judges are good at spotting the difference between thoughtful reasoning and temporary teenage rebellion.
How Judges Hear from Children (Without the Drama)
Children are rarely asked to testify in open court. That would be stressful, and no one wants to put a child on the spot. Instead, Idaho judges often speak privately with children in chambers or rely on neutral professionals to gather input.
One of those professionals may be a Guardian ad Litem (GAL)—a trained advocate for the child’s best interests. The GAL interviews parents, teachers, and sometimes the child, then makes a recommendation to the court. It’s not the child’s wish list, but rather an informed opinion about what living arrangement would serve them best.
Certain courts additionally engage custody evaluators or mental health professionals to provide expert insights.
Preference Isn’t Everything
Even when a child expresses a thoughtful, well-reasoned preference, Idaho judges still have a broader job to do. A child’s preferences constitute only one aspect of the custody determination.
The court must consider the broader context and evaluate several other significant factors before rendering a final judgment. These include:
- Each parent’s ability to provide stability and routine
- The child’s relationship with siblings and extended family
- School continuity and proximity to familiar environments
- The emotional and physical well-being of the child in each home
When the Court Listens
Based on our experience, judges in Ada County and throughout Idaho genuinely care about what’s best for children. They work hard to listen to a child’s voice while also considering the responsibilities of adults. If a child shows maturity and has a clear, steady preference, the court is very likely to respect it.
But if the child’s reasoning is shaky, or the preference would disrupt school or relationships with siblings, the judge may decide otherwise, even if it’s not what the child wants to hear.
The child’s voice matters, but the judge’s job is to look at the bigger picture.
A Mediation-First Approach
During mediation, parents in Idaho have a safe space to openly share their concerns with the guidance of a neutral mediator.
If the child has shared a strong opinion, this is a helpful opportunity to understand why they feel that way, consider what’s truly in their best interest, and discuss possible adjustments to the parenting plan to better support everyone.
Often, these discussions result in practical resolutions that do not require the involvement of the court system. Furthermore, if the matter goes to a court hearing, you can be confident that you have done your best to prioritize your child’s best interests from the beginning.
Let’s Talk About What’s Best for Your Child
If your child is asking for a custody change or if you’re wondering whether their preferences might influence your case, don’t go it alone. We’re here to support you in making thoughtful, legally sound decisions that will protect your child and help reduce family conflicts.
Contact us to schedule a consultation with Brett Anthon. We are committed to assisting you with custody matters with clarity and compassion, consistently prioritizing the best interests of your child.
