Child Custody Decisions in Pennsylvania

Understanding Your Choices for the Best Chance at Success

Child custody decisions in Pennsylvania are determined by a court’s assessment of the best interests of the child, considering all relevant factors, including those factors listed in Section 5328 of the child custody statute.  Among the 16 factors considered by the court is the “well-reasoned preference of the child, based on the child’s maturity and judgment.”  It is important to highlight that the well-reasoned preference of a child is simply one of 16 factors a court must weigh when deciding a physical custody schedule that is in the best interests of a child.  Therefore, although a child may express a preference in residing primarily with one parent over the other, that preference is considered along with all other factors, and a court may decide that the child’s preference is outweighed by more significant factors.  This means that a court may not agree that the child’s desired preference is in their best interests, regardless of the child’s age or level of maturity. 

Weighing the Child’s Preference in Custody Cases

When weighing the child’s preference, a court will consider the maturity and intelligence of the child, the child’s judgment, and the basis for the child’s preference. In other words, as decided by the Pennsylvania Superior Court (See R.M.G. v. F.M.G., 986 A.2d 1234 (Pa.Super. 2009)), the “child’s preference must be based upon good reasons and upon his or her maturity and intelligence.” The preference of a child who has demonstrated immaturity or poor judgment will likely carry less weight with the court than a mature child who has well thought-out reasons for his or her preference.  Only when a child reaches 18 years of age can they decide, on their own, where they would like to reside without that issue being decided for them by a court.      

Child Custody Litigation

In custody litigation, it is important to present evidence to the court that addresses the relevant custody factors in a meaningful and persuasive way, which may include your child’s preference.  If you have questions regarding custody, please contact one of our experienced family attorneys. By working with an experienced attorney like those at Pyfer Reese, you can get answers to your questions ahead of time, and better plan for a hearing. Custody cases are never fun, but they may be necessary to determine the best outcomes for separating families and the children involved. There is a lot to do to properly prepare for litigation, and we can help you through the process.

Navigating the Process with Your Children

Navigating custody litigation when children are involved is a multifaceted challenge, requiring both emotional resilience and a sound understanding of legal intricacies. Above all, safeguarding the well-being of your children must remain paramount throughout this intricate journey. Here are 5 ways to assist you in effectively managing custody disputes with your children’s best interests at heart:

1. Initiating the legal process begins with consulting a seasoned family law attorney, specialized in child custody cases, who can offer invaluable legal counsel and help you grasp your rights and responsibilities.

2. Exploring alternative dispute resolution methods such as mediation or negotiation can often alleviate the adversarial nature of custody disputes and lessen the emotional burden on your children. If necessary, seek temporary custody orders to provide a structured arrangement during the litigation’s progression.

3. Embrace the fundamental principle that the court’s foremost consideration is the child’s best interests. Prepare to demonstrate how your proposed custody arrangement promotes stability, emotional welfare, and the child’s relationship with each parent. Maintain a child-focused perspective, refraining from negative comments about the other parent and avoiding using your child as a pawn in the legal proceedings.

4. Consider counseling or therapy for your child if they struggle with the situation, recognizing that professional support can be instrumental during challenging times. In the event that the case proceeds to court, prepare rigorously for hearings and court appearances. After the court’s final custody order is established, adherence is crucial as it carries legal obligations, and non-compliance can result in serious consequences.

5. Be receptive to potential post-litigation adjustments if circumstances evolve, as courts can modify custody arrangements when it aligns with the child’s best interests. Lastly, prioritize nurturing a healthy co-parenting relationship with the other parent, emphasizing effective communication and cooperation for the sake of your child’s well-being when possible. It is essential to remember that each custody case is unique, with processes varying based on your specific circumstances. Rely on your attorney as the primary resource for navigating the legal intricacies while steadfastly anchoring your focus on your child’s welfare and emotional stability.

Getting Started on your Child Custody Case

No two child custody cases are alike. The above article is in no way intended to be legal advice. The best way to get answers specific to your case is to contact our office for a consultation. We offer several convenient options including phone, in-person and Zoom consultations. In your initial consultation, we will get to know your case and see if we can help to get a more favorable outcome.