Do Children Have A Preference In Child Custody Proceedings?
As a parent, you love your child unconditionally. If you are ending your marriage with the child’s other parent, you likely want to spend as much time as possible with your child. Your spouse, however, also likely wishes the same. If you and your spouse cannot agree on child custody issues, you will have to go to court and allow a judge to make the final decision. Even if you and your spouse can agree, a judge will still have to approve any proposed agreement. Below, our Media child custody lawyer outlines what the courts consider, and if your child’s preference is considered.
Factors Considered in Child Custody Decisions
In any child custody case, the court will only consider what is in the child’s best interests. The factors considered include, but are not limited to:
- The involvement of each parent in the child’s life
- The willingness and ability of each parent to maintain open communication with the other parent
- The ability of each parent to provide a loving and stable environment for the child
- Any history of domestic violence, neglect, or substance abuse of either parent
- The physical and mental condition of all parties
In some instances, the court may also consider the child’s preference, but this is not always the case.
When Do the Courts Consider the Preference of the Child?
In Pennsylvania, there is no minimum age for judges to consider a child’s preference. Under the law, a judge will consider the child’s preference if it is well-reasoned and based on judgment and maturity.
While the courts will try to consider the preference of a child whenever possible, their preference will not dictate the outcome of a case. Depending on how rational the preference is, it can be an important consideration. For example, if both parents are suitable guardians, the preference of the child may tip the scales in favor of one child.
The court will also consider the child’s age and the reason for their preference. For example, if a child was seven years old and wanted to live with their mother because she did not discipline them or make them do their homework, the court would likely not consider that preference. On the other hand, if a child was 14 years old and wanted to live with their mother because she lived in the same residence and school district for a number of years while the father moved frequently, the court likely would consider the child’s preference.
Our Child Custody Lawyer in Media Can Help with Your Case
If you are in the midst of a child custody dispute, there are many factors a court will consider when making the decision. At Barbara Flum Stein & Associates, our Media child custody lawyer can advise on what those are and build a strong case that will give you the best chance of a positive outcome. Call us today at 610-565-6100 or contact us online to request a consultation with our experienced attorney and to get more information.
Source:
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