The Impact of a Child’s Age on Custody Arrangements
Pennsylvania courts consider a child’s age and level of maturity in deciding how much weight to give a child’s preference regarding their living arrangements. Even though it is up to the court to decide which parent a child will live with, children 14 years of age and older are allowed to express their preference. This preference is considered along with the best interests of the child to determine custody arrangements. Generally, children under the age of 14 are not given the opportunity to express their living preference, with the court relying solely on the best interests of the child standard.
If you are fighting for custody of an older child, you need to understand how age will influence a judge’s decision. In this blog, the Harrisburg, PA, child custody lawyers at Purdy Law Office, LLC, discuss how the court makes such a decision and when a child’s age may be the deciding factor.
Maturity and Age Play a Large Role in Family Court
Generally, children who are at least 14 years of age are allowed to express their wishes concerning which parent they would like to live with. At this age, the court believes that a child is more likely to make an informed decision, with younger children believed to be more susceptible to manipulation by either parent. Although children 14 years of age and older are given a voice, the court will take into account the child’s maturity level and what is best for them in rendering a final decision.
The Child Will Be Questioned in the Judge’s Chambers
A child who is of age and wishes to express their custodial preference will typically not testify in open court, but rather be questioned in the judge’s chambers. During questioning, both attorneys will be present and allowed to ask the child questions as well. The place of questioning will be left to a judge’s discretion. However, a judge attempts to find a setting that will allow the child to feel the most comfortable and permit them to express their views candidly.
When Is a Child’s Age the Determining Factor in a Custody Case?
If both parents are seen as suitable providers, then a child’s preference will likely be considered more heavily in the court’s decision. This is common when both parents share equal responsibilities in the child’s upbringing. In some cases, although rarer, a child under the age of 14 may be given the opportunity to express their wishes to the court. Even in this situation, a child’s wishes are only one factor among the fifteen other factors considered by a judge.
Factors Considered by a Harrisburg, PA, Court
A Pennsylvania court will decide which parent will provide the best environment for a child. In addition to considering the child’s safety and what parent can provide the most nurturing and stable environment, a judge will also examine the following:
- The presence of extended family or siblings in each household
- How close each parent lives to the other
- If either parent has promoted a hostile or toxic relationship between the child and the other parent
- The level of cooperation between the parents
- The ability of each parent to provide financially for the child
- The likelihood of each parent to promote continuing contact and foster the child’s relationship with the other parent
- The capacity of each parent to provide for the child’s developmental, physical, emotional, and educational needs
- Any other factors the court deems relevant
A judge wants to see hard evidence demonstrating the bond between you and your child and how you will promote your child’s overall welfare. When you hire the services of our child custody attorneys, we will work with you to understand your familial relationships and show the court what is in your child’s best interest.
Reach Out to a Harrisburg, PA, Child Custody Attorney Today
If you are currently in the process of getting divorced, you need to understand Pennsylvania laws regarding custody and visitation rights. At Purdy Law Office, LLC, our legal team knows that your child means the world to you, but it can be difficult to see what is best for them. When you work with our Harrisburg, PA, child custody lawyers, we will take the time to get acquainted with the dynamics within your family and come to an arrangement that keeps your child’s needs our top priority. To learn more, contact us online or give us a call at (717) 674-2885 to schedule your consultation with an attorney.