Common Custody Questions: Can my fifteen-year-old decide where they would like to live?
Blog by Attorney Anna L. Knych
As most parents know, children are opinionated! In custody cases, many children are reluctant to take sides, but often a child will have a strongly held opinion about which parent they would like to live with primarily. In those cases, the parent who the child wants to live with usually wants to know whether there is an age at which a child can decide. The short answer no. The child is not ultimate arbiter until they reach the age of majority at 18 years old. However, the child’s opinion will be taken into consideration in a legal decision about custody.
In Pennsylvania, if the parents are unable to reach an agreement between themselves regarding the custody of their child or children, a judge will decide how custody will be shared between the parents. The law sets forth 16 factors which a judge is required to consider when making a custody decision. One of those factors is “the well-reasoned preference of the child, based on the child’s maturity and judgment.” The court must consider the preference of the child, but can weigh it against the other factors, and must consider whether the preference is well reasoned. For example, a child who says she prefers mom’s house because mom gives her more candy bars is not expressing a well-reasoned preference. A child may be expressing a well-reasoned preference if she says she prefers mom’s house in part because dad’s house is an hour from the school with traffic and she has to get up at 5:00 every morning to get to school on time.
To determine the child’s preference the court may interview the child. This does not typically mean that the child will testify on the witness stand in open court. Instead the judge will interview the child in chambers, out of the hearing of the parties. In some instances, a judge may appoint a Guardian Ad Litem (GAL) for the child. A GAL is responsible for representing the best interests of the child. As part of their work the GAL will interview the child and inform the court of their preferences. In some cases, the GAL’s work will mean that the child will not have to attend court.
If you have a question regarding custody, please contact us. Walters & Galloway, PLLC is experienced in representing parties involved in custody and other family law matters. Our attorneys would be happy to discuss what steps would be most appropriate in your case. Please contact us to schedule a consultation.
