In Pennsylvania, child custody orders are typically determined by the court with the child’s best interests in mind. As circumstances change for the parents and the child, custody agreements may be modified to help ensure that the child is continuing to have the best custody arrangement possible.
While parents are typically the parties who seek changes to custody agreements, in certain situations, a child may want to have a say in their custody arrangement. Although a child does not have the same legal rights as an adult, Pennsylvania law provides that children may express their preferences, especially as they mature.
What does Pennsylvania law say?
Under Pennsylvania law, there is no specific age at which a child can request a change to their custody arrangement. However, when a child is of sufficient age and maturity, their preference may be considered more heavily by the court. In custody cases, the court’s primary focus is the best interest of the child, and one factor the court considers is the child’s reasonable preference. The child’s wishes can carry significant weight in the decision-making process, particularly if the child is 12 years old or older.
How the process works
If a child wishes to request a modification to their custody agreement, they typically cannot do so directly without the involvement of a parent or guardian. The child’s request for modification must be initiated by one of the parents filing a petition with the court. In some cases, the court may appoint a lawyer (a guardian ad litem) to represent the child’s interests. The court may also interview the child to better understand their preferences and reasons for requesting a change.
However, even if a child expresses a preference for a change in their living arrangements, the court will still evaluate other factors, such as the child’s emotional and physical well-being, the ability of each parent to provide care and the stability of the current living situation. The child’s request will only be granted if the court determines that modifying the custody agreement serves the child’s best interests.
While a child in Pennsylvania may have the right to express a preference regarding their custody arrangement, the court will weigh this request against a variety of factors to ensure the best possible outcome for the child. Seeking legal guidance can help those considering modifying a child custody agreement navigate the process and better ensure that their child’s needs are appropriately considered.
