The preference of a child for one parent over the other is a relevant consideration in custody, but not a controlling one. If the testimony of a competent child in a divorce action about his or her preference is relevant, otherwise admissible, and not merely cumulative, it must be admitted for purposes of determining custody. The older and more mature a child is, the more likely that child s preferences will be given weight in deciding custody. At age 14 or above, the preferences of the child will be given almost persuasive weight in a contested custody determination. Between ages 7 and 14, there is a sliding scale where the weight given the preferences of the child will vary depending on the age, maturity, and perceived independent judgment of the child.
Trial courts have broad latitude in providing for visitation rights.
Whether courts provide for a specific schedule or something as general as the right to visit the children and have them visit the noncustodial parent at reasonable times and places commensurate with the children s health, education, and welfare is within the court s discretion. Courts have discretion to provide for visitation rights, even if both parents had previously agreed to no visitation. Courts realize that sometimes children simply parrot the wishes of a custodial parent, and they realize that sometimes the child is simply too immature to form a considered opinion. Sometimes children express fears or unwillingness to visit their other parent without any reasonable basis or foundation, and in these cases, the trial court is within its discretion to order visitation even over the child s objections. Where one parent interferes with the orderly visitation schedule, the court may by statute require that parent to post a performance bond to guarantee compliance with the court s orders.