Custody battles are some of the most volatile and contentious parts of a separation or divorce. Deciding which parent will maintain primary custody over shared children can lead to serious hostility and disagreements about what is best for the child. A child cannot decide which parent to live with in Pennsylvania, but they are generally allowed to express their preferences to the judge. To learn more about your legal rights and options, reach out to an experienced York County, PA child custody attorney.
How is Custody Determined in Pennsylvania?
Custody in Pennsylvania courts prioritizes the best interests and well-being of the child involved. While fairness and parental rights are important, the court will ultimately choose the custody arrangement that will most benefit the child’s physical and emotional growth and development.
Courts consider a multitude of factors when determining custody including the following.
- Each parent’s ability to provide for the child’s needs
- The stability of each parent’s living situation
- The child’s relationship with each parent
- Where each parent lives in relation to the child’s school, friends, and family
- Either parent’s history of substance abuse, mental illness, domestic violence, or neglect
Judges may also consider what the child wants if they are old enough to express their wishes.
Can My Child Decide Which Parent to Live With in PA?
In Pennsylvania, the decision of which parent a child will live with following a separation or divorce is left up to state courts, not the child themselves. While a child’s preference can be considered, it will not be the sole determining factor.
PA courts make custody decisions based on the best interests of the child which takes into account a variety of factors including the ones listed above. The decision made by the judge obviously impacts the child’s life significantly, so their desires will be taken into consideration and could sway the final decision depending on the details of the situation.
There is no specific age at which a child’s wishes will or won’t be considered, but the older the child is the more weight their preferences will carry with the court. Before determining the extent to which to consider the child’s desires, the court will evaluate the maturity of the child and their ability to understand the gravity of the situation and how they will be affected by the outcome of the custody decision.
For example, a child who is young and may not fully understand the situation could tell the judge that they want to live with one parent because they get to eat junk food and have no rules or chores as they do at their other parent’s house. A judge may not take this request very seriously.
However, if a child around 14 or older offers a thoughtful explanation of why they want to live with one parent over the other, citing a closer relationship, comfortability, and proximity to their school and friends, their wishes will likely carry a lot of weight with the court.
It is crucial to understand your rights as a parent and your child’s rights during custody deliberations. Contact an experienced attorney for more information and skilled representation.
