You’re Not Alone —And You Have Options When Your Child’s Preferences Matter
In custody or visitation disputes in Muskogee, Oklahoma, the court often considers the child’s voice, especially when the child is 12 years old or older. At this age, the law presumes the child can form an intelligent preference about which parent to live with or how much time to spend with the noncustodial parent. However, this preference is just one factor among many in deciding what is truly best for the child’s well-being. The court is not required to follow the child's choice but must seriously consider it along with other evidence in the case. Okla. Stat. tit. 43, § 113.
When a child wishes to express a preference, the court will first determine if allowing the child to speak will serve their best interests. If so, the child can share their testimony in a confidential interview, called an “in camera” interview. This meeting is private and away from the parents to help the child speak freely. Importantly, either parent can request that this interview be recorded on the record, but access to that transcript requires filing an appeal of the custody or visitation decision.
One Mistake Can Reshape Your Entire Future
Ignoring a child’s preference or mishandling their input can have serious consequences. Courts have emphasized that when a child asks for a custody change, their preference deserves “serious consideration” to determine if it serves the child’s best interests. For example, in Nazworth v. Nazworth, the appellate court reversed a trial court’s refusal to interview the child, noting the child’s well-explained preference and reasons can justify a custody change. Okla. Stat. tit. 43, § 113; Brown v. Brown, 1993 OK CIV APP 142.
However, the child’s preference alone will not automatically result in a custody change. Courts must also evaluate safety, the adequacy of the current environment, and other factors. This ensures that decisions are grounded in the overall best interests of the child, not just their wishes. The family law attorney handling your case can help you understand how to present these factors effectively.
How In-Camera Interviews and Guardians ad Litem Protect Your Child’s Interests
The in-camera interview is a critical tool in custody cases. These private meetings usually happen before the first court hearing and at a neutral place, such as the guardian ad litem’s (GAL) office, the child’s home, or school. The GAL is a court-appointed individual who represents the child’s best interests, observing the child’s environment and listening carefully to their concerns without pressure to choose sides. Okla. Stat. tit. 43, § 113.
For young children or those with limited verbal skills, the GAL may rely on observations and discussions with caregivers to understand the child’s needs. In cases involving abuse allegations, experts conduct forensic interviews to avoid causing additional trauma and ensure a thorough investigation. These careful procedures help courts receive reliable information while protecting the child’s emotional well-being.
The Right Lawyer Makes This Easier
Family law cases involving children can be emotionally draining and legally complex. Having an experienced family law attorney by your side can clarify how your child’s preferences will be considered and help you navigate the court’s procedures. Whether preparing for in-camera interviews or working with evaluators and the GAL, a knowledgeable lawyer can guide you through each step with empathy and skill.
The sensitive nature of custody disputes and the importance of securing the best possible outcome for your child cannot be understated. If you need legal help, call Wirth Law Office – Muskogee at (918) 913-0725. Their team is ready to help you understand your rights and options in custody matters.
Contact an Experienced Muskogee Family Law Attorney Today
If you are involved in a custody or visitation dispute, you need a Muskogee attorney. It is essential to have clear guidance on how the court views your child’s preferences and the protections in place to hear your child’s voice Wirth Law Office – Muskogee can provide compassionate, knowledgeable support as you face these difficult decisions. Reach out to discuss your situation and learn what steps you can take to protect your child’s best interests and your family’s future.
