Who makes custody decisions? Can parents or children have any say?
Custody decisions must be finalized by the court. However, parents are free to agree on terms of custody through mediation, negotiation, and other processes. In fact, many states require parties in custody cases to go through mediation before proceeding in court. Agreements regarding custody in mediation must be entered in court to be enforced and, thus, must meet the “best-interests” test. States include various factors that must be considered when making a custody decision in the best interests of the child. These factors usually include the child’s wishes. However, such wishes may depend on the age and maturity of the child. Most statutes allow a child who is at least 12 or 14 to have some input into the decision. And the child’s wishes are but one factor to be considered. According to Linda D. Elrod and Robert G. Spector, “A Review of the Year in Family Law: Redefining Families, Reforming Custody Jurisdiction, and Refining Support Issues,” Family Law Quarterly 34, no. 4 (Winter 200
