One of the most emotionally challenging issues of separation and divorce surrounds the question of where the children will live. Though many factors are taken into account, the most important consideration is what the court views as being in the child’s best interest. Though both parents and children may think that the child should have a say in the matter, that is generally not the case until the child can display a level of maturity and reasoning for their preference.
Though some states have set a definitive age for when children can have input into their living arrangement, Pennsylvania doesn’t. Instead, the courts prioritize what they believe will serve the child’s overall well-being. This may be in contrast to their preference, though judges do factor a child’s preference. Generally, more weight is given to what is expressed by older children, particularly teenagers. A 16-year-old’s well-reasoned preference will typically be given more consideration than a 10-year-old’s wish to live with a parent who allows more screen time or other privileges. In deciding what is in a child’s best interest, judges presented with the additional factor of a child’s preference need to evaluate whether they understand what their choice really means.
A child’s well-reasoned preference is important, but it’s still just one piece of a larger puzzle. Other important factors include each parent’s ability to provide a stable home, what the existing relationship is between the child and each parent, the physical and mental health of all involved, and any history of abuse or neglect. Courts also give considerable weight to which parent is more likely to foster the child’s relationship with the other parent, and even with extended family members. Judges will look for evidence that a parent has attempted to sway a child’s preference or to alienate the child from their co-parent.
When weighing questions of custody, Pennsylvania courts often require professional custody evaluations in which mental health professionals interview family members, observe interactions, and provide recommendations. These evaluations will explore the children’s preferences and the underlying reasons and emotional factors behind them.
As difficult as questions of custody are, parents should remember that the orders and arrangements aren’t necessarily permanent and that what’s most important is that their children are loved and well cared for in a safe environment. As children grow and circumstances change, modifications can be made, but in the meantime, finding a way to effectively co-parent is what will likely make your children happiest.
For help with negotiating a custody agreement or any other issue surrounding your divorce, contact us today to set up a time to meet.