During a separation or divorce where the two spouses share minor children, an important consideration is who the child will live with and how much weight their opinion on the matter carries. Parents will likely wonder whether their child’s preference plays a significant role in custody decisions or if it is completely left up to the court’s discretion. Continue reading to discover if your child can choose which parent to live with and consult with a Montgomery County child custody lawyer to obtain skilled representation and legal advice.
How Are Child Custody Decisions Made?
In Pennsylvania, custody decisions are made based on the child’s best interests. The state has guidelines and criteria that help courts determine the most appropriate living arrangement for the child’s growth, development, and well-being.
When determining child custody arrangements the court will evaluate a variety of factors including:
- The child’s relationship with each parent
- Each parent’s ability to care for the child
- The mental and physical health of each parent
- Either parent’s history of domestic violence, neglect, abandonment, or abuse
- Whether the child has siblings and where they live
- Which parent has historically been the primary caretaker
- Each parent’s living arrangements and environment
- The child’s age and needs
The above and more factors will all give a court insight into what the child’s life would look like living with either parent. Another important consideration is the child’s preference.
Can My Child Choose Which Parent to Live With in PA?
The answer to whether a child can choose which parent to live with is not cut and dried. While a child’s wishes will be considered by a Pennsylvania court when making custody determinations, the weight of their wishes will depend on the child’s age and maturity. There is no set age at which a child can choose which parent to live with, but the older and more mature the child is, the bigger the impact their opinion will generally have.
Judges will likely consider a child’s preference if they are around 12 or older and if their reasons are based on sound and mature logic rather than impulses or emotions. The older the child is, the more they typically understand the situation and can provide insight into their preferences.
The younger the child or the less sensical their preference is, the less weight it will carry. For example, a child may express the desire to live with the parent who has fewer rules around the house or lets them do whatever they want. However, the court may determine that the lack of supervision and discipline could be detrimental to the child in the long run.
Ultimately, the court has the authority to make final decisions regarding child custody in Pennsylvania. While a child’s preference is generally considered, there are other important factors that must be evaluated before deciding what is best for the child. Work with an experienced family lawyer for more information and representation during your case.
