Can a Child Choose Which Parent to Live With in PA?
In a fight over child custody, it’s easy to overlook one of the most important opinions. If your child is old enough, they should have a say over which house they end up living in. While the child’s preference is only one of the more than a dozen factors that a judge has to consider, their opinion can carry weight.
How Custody Decisions Are Made in Pennsylvania
In Pennsylvania, the law requires custody decisions to be made in the best interests of the child. This legal standard takes into account multiple factors, so the child’s physical, emotional, and developmental well-being is taken care of.
Under 23 Pa. C.S.A. § 5328, courts look at the following factors to determine where a child should live.
- Each parent’s ability to give the child stability in their schooling, community, and social life
- The child’s relationship with siblings and extended relatives in the area
- Drug and alcohol abuse by one or both parents
- The level of conflict between parents and whether they can work together
- Any history of abuse or neglect
- Mental and physical conditions among the parents
- The child’s preference, if they are old enough to voice an opinion
- If one party tries to turn the child against the other parent
- How close the parents’ residences are
How Old Does a Child Have To Be To Decide Where They Want To Live?
Under child custody laws in Pennsylvania, there isn’t a specific age when children suddenly become able to say where they want to live. Instead, this is up to the discretion of the court. If the child is old enough and mature enough to know what they want and make a well-reasoned decision, they can have a say in the matter.
For example, a teenager who is 14 or older will typically be old enough to have a major voice in what the court decides. A child under the age of 14 may still be heard by the court, but their decision might not be followed because they are less mature and more likely to be swayed by parental pressure.
What If I Disagree With My Child’s Choice of Where To Live?
Children want to make their parents happy, so it’s fairly common for parental pressure to sway the child’s decision. This can lead to disputes over the child’s living arrangements. Eventually, the court may appoint a custody evaluator or guardian ad litem to investigate.
It’s important to understand that manipulating or alienating a child to influence custody decisions can backfire in court. Judges are trained to recognize signs of coercion. Any coercion can work against the coercive parent when they make the final custody decision.
How Family Court Listens To the Child’s Preference
While it can happen, the child generally won’t be testifying in court. Instead, the judge may speak with the child privately in what’s called an in-camera interview. This is a confidential meeting with the child and judge present. Sometimes, the child’s attorney or a guardian ad litem may also be present.
The meeting is just for the judge to understand what the child wants and why they prefer one living situation. It’s also the judge’s chance to gauge the child’s maturity and whether they were being coached by one of the parents.
Simplify Your Custody Battle
For Wayne, Pike, Monroe, Lackawanna, and Luzerne County residents, the Clause Law Group can help with all aspects of custody battles. No one wants to experience the emotional distress and trauma of losing custody of their child. While the child often gets to voice their thoughts on where they live, the court doesn’t rule based on just their opinion. There are many different factors that ultimately go into who the child lives with in the custody arrangement.
If you’re concerned about your custody arrangements, our legal team can walk you through the process. We’ll explain all of the filing requirements, the factors the court will use to determine your case, and what you can expect. With the right support, you can reduce the stress involved in navigating your custody case.
Find out more about our legal services by giving us a call at (570) 676-5212.
