Not entirely. If your child is under the age of 18, the parents — or, if the parents cannot agree, then the Court — decides custody and a parenting plan based on what the Court determines is in the child’s best interest under the circumstances. Keep in mind, however, that the Court can consider the child’s expressed wishes and desires, and will do so especially if the child is older, demonstrates a level of maturity and articulates well his or her legitimate reasons for wanting to have a certain parenting schedule. If your child is over 18, then the Court no longer has the jurisdiction to determine that child’s custody (although the Court can still order support for that child up to age 23 in certain circumstances.)
If you have questions about a custody matter or related issue, feel free to email me directly. Thanks for reading.