Can a Child Choose Which Parent to Live With in Pennsylvania?

The process of resolving custody cases tends to be emotional, and a common question parents ask is whether their child can choose which parent they want to live with. Many people think that at some age, kids are legally entitled to make such a choice. In Pennsylvania, however, the reality is quite different.

Even if the child’s wishes are taken into account during the hearing, the court still considers many other factors to determine the best option for the child.

There is no magic age 

Unlike other states, Pennsylvania has no provision specifying an exact age at which a child can choose the parent with whom they want to live. This means that a 12, 14, or even 16-year-old would have no automatic preference before the courts.

Rather, every individual case is judged on its own merits in relation to what is most beneficial for the physical and psychological development of the child.

When does a child’s preference matter?

The Pennsylvania courts acknowledge that older, more mature children are usually able to offer well-thought-out views regarding their residential setting. In these situations, the preference of a mature adolescent may carry more weight than that of a young child.

Nevertheless, the court will also consider why the child favors one parent over the other. For instance, a preference based on stability, schooling, friendship, and emotional attachment would carry more weight than reasons such as a lack of rules at home, later bedtimes, and more freedom.

The court also looks into whether one parent is trying to sway the child to take sides.

The child’s preference is only one factor

There are several factors Pennsylvania law requires the court to consider when deciding matters related to child custody. Along with considering the reasonable preference of the child, there are other issues. These include:

• Each parent’s capability to fulfill the child’s needs.
• The one parent who would foster good relations between the parents.
• Stability in each of their respective households.
• Relationships between the child and his/her siblings or relatives.
• Cases of any abuse or neglect.

None of these factors automatically determines the outcome of the custody case.

Every custody case is unique

If two children are the same age but differ in maturity and reasoning, their preferences will be weighted according to these factors. The court tries to make the right decision, taking into account not just the child’s current preferences, but also their future.

Parents need to understand that forcing a child to make a choice and take part in their conflict may be harmful to them and to the case itself.

Talk to an Experienced Philadelphia Family Law Attorney Today 

The Law Offices of Lauren H. Kane represent the interests of Philadelphia parents during custody disputes. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.