When Can a Child Choose Which Parent to Live With?

The process of getting a divorce can be emotionally draining, especially when children are involved. It is important that children feel seen and heard, especially when it comes to their living preferences. Although there is no specific age at which the court gives a child the right to choose which parent they want to live with, children over the age of 14 are generally able to express their preferences to a judge. In this article, our Harrisburg child custody lawyers discuss how the court decides custody arrangements and what factors age plays into this decision.

Types of Child Custody

Your child’s well-being is of the utmost importance to you, and the court wants to do everything within its power to help your child thrive. When minor children are involved in divorce cases, the court has the task of determining both physical and legal custody arrangements.

Physical and legal custody can be summarized as follows:

• Physical custody: Who your child lives with. This parent will also be responsible for taking care of your child’s daily needs.
• Legal custody: Who makes important decisions for your child regarding their education, medical treatment, religious instruction, and extracurricular activities.

These responsibilities can be shared jointly or be the responsibility of one parent (sole custody). Since Pennsylvania courts like to keep both parents involved in a child’s life, shared custody is often awarded. However, if there is evidence of substance abuse, physical abuse, or mental health concerns, then sole physical custody may be granted to the more stable parent.

Pennsylvania Best Interests of the Child Standard

In determining which parent the child will live with, the courts will examine the following factors as listed under 23 Pa.C.S. §5328, known as the best interests of the child standard:

• Which parent is more likely to ensure the child’s safety
• If there is any history of abuse by either parent
• The parental responsibilities of each party
• Which parent will provide the most stability in the child’s life
• The availability of extended family
• The child’s relationships with their siblings
• The child’s preferences, taking into account the child’s maturity and judgment
• If either parent has promoted a toxic relationship between the child and the other parent
• Which parent will provide an environment that promotes a nurturing, stable, and loving relationship between themselves and the child
• Which parent is more likely to tend to the child’s physical, emotional, developmental, and educational needs
• The distance between both parties’ residences
• Each parent’s availability and ability to care for the child
• If there is any conflict between the parties and their willingness to cooperate with one another
• If either parent has a history of alcohol or drug abuse
• The mental and physical well-being of each party and any other household members
• Any other factor the court deems relevant

Working with a child custody lawyer will give you someone who can represent your interests in court. Besides presenting the evidence you need to showcase your relationship with your child, legal counsel can present well-formulated arguments to advocate for your rights. Moreover, a child custody attorney will ensure that court documentation is submitted by the required deadlines, preserving your legal rights.

Children Fourteen Years of Age Can Express Their Preferences

Although your child does not have the legal right to choose where they want to reside, children who are 14 years of age or older can express their preferences. Your child’s preference will be taken into consideration, along with other relevant factors, in determining custody and visitation rights. If your child is under the age of 14, the best interests criteria will be the sole determinant of your child’s living situation.

Reach Out to Our Harrisburg Child Custody Lawyers Today

Immense anxiety may surround decisions regarding where your child will live or who will be tasked with making important decisions. Of course, you want what is best for your child, but not at the expense of losing quality time with them. Determining custody and visitation rights makes it essential that you retain experienced counsel to tend to your child’s best interests.

At Purdy Law Office, LLC, our Harrisburg child custody attorneys have been helping children and families reach agreeable custody terms for nearly 20 years. Whether it is your first time determining custody arrangements or you are seeking a modification of an existing order, our firm is here to help. To learn more or to schedule a meeting with an attorney, contact us online or give us a call at (717) 674-2885.