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Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In Pennsylvania, the court may consider a child's preference regarding which parent's home will be the child's primary residence during custody proceedings, particularly when the child is of sufficient age and maturity. Although there is no specific age set by statute, it is commonly understood that the preferences of children aged 12 or older may be given more weight. However, the child's preference is just one of many factors the court will evaluate under the Pennsylvania custody laws, which are found in Title 23 of the Pennsylvania Consolidated Statutes, Chapter 53, relating to child custody. The court's primary consideration is the best interest of the child, which includes evaluating factors such as the child's safety, well-being, and the ability of each parent to provide a stable, loving environment. The court is not obligated to follow the child's preference if it does not align with the child's best interests.

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Child custody

child's choice on where to live

Individual & Family Legal Plan

Articles

Pennsylvania State Code

Pennsylvania State Code

Child custody

child's choice on where to live

Articles