Portland, OR family law attorney Tate Justesen talks bout whether a child has input in a child custody decision. He explains that, in most cases, children do not play a direct role in custody decisions. However, Oregon law provides a narrow exception under ORS 107.425, which allows the court to appoint an attorney for a child. This can occur in several ways: the court may make the appointment on its own initiative, the parents may jointly agree that the child should have representation, or the child may submit a letter directly to the judge requesting an attorney.

When appointed, the child’s attorney can give the child a voice in matters concerning custody and parenting time. Still, the general preference of the court is to keep minor children out of the decision-making process to protect them from the conflict. That said, a child’s age and maturity influence how much weight the court gives to their wishes. For example, if a teenager requests an attorney, the court is more inclined to take that opinion seriously compared to a very young child.