Child Preference & Best Interest: What Judges Look for in Custody Cases

Child custody can be a contentious, emotional journey for everyone involved. To help make the process easier to navigate, Pennsylvania has several guidelines for determining child custody.

The LLF Law Firm Family Law Team works with families throughout Pennsylvania on all aspects of child custody. Call us at 888-535-3686 or fill out our online form.

Best Interest

The primary consideration in all custody cases is what’s best for a child. Courts arrive at custody decisions through a variety of factors. In general, custody decisions are made on a case-by-case basis with consideration given to a child’s whole life and not one or two details.

A parent’s gender, income, and history of infidelity are rarely taken into account. Issues like a parent’s criminal history, mental illness, or previous drug or alcohol abuse are relevant only if evidence suggests these factors would put a child’s safety at risk. Even a history of domestic abuse may not affect a custody ruling when no evidence exists to suggest a parent has been violent or abused a child.

While Pennsylvania provides a list of factors, judges have leeway to consider all relevant information and evidence, even beyond what the state lists. Providing a child with safety and stability closely aligns with a child’s best interest, and factors that play into those considerations are important.

A few of the factors that courts will consider:

• Is one parent more likely to encourage contact between the child and the other parent?
• Is there a history of either parent abusing or neglecting the child?
• What has been each parent’s role in the child’s life?
• Does either parent provide more stability for a child’s education, home life, and social circle?
• What is each parent’s ability to care for a child’s emotional needs?

Child Preference

Judges in Pennsylvania may consider a child’s preferences when awarding custody. The state doesn’t have any hard-and-fast rules for when and how judges may factor in a child’s preference for their living situation.

Pennsylvania law says that judges may consider a child’s well-reasoned preferences. A child’s developmental age, maturity, and judgment are all relevant to determining how much weight to give their thoughts and opinions on which parent they prefer to live with.

That one parent has more money, lives in a bigger house, or has fewer rules is unlikely to affect a judge’s decision. Issues like stability and parental involvement are more likely to carry weight.

Child preference is rarely the deciding factor in any custody case, but one of many factors a judge considers. Children will generally not have to express their opinions in front of their parents, although their parents’ attorneys can be present.

Child Custody Evaluations

In some custody cases, especially contentious ones, judges may order a child custody evaluation. The point of these evaluations is to gather more information to determine what custody arrangement is in a child’s best interest. During these evaluations, parents should be honest and focus on the child or children rather than on insulting or attacking their co-parent.

Protect Your Family

For parents, custody cases can be emotional and stressful. It can, at times, be tempting to lie or hedge details in hopes of getting a more favorable custody agreement. Such tactics can, however, backfire on parents and result in being accused of parental alienation.

The LLF Law Firm Family Law Team assists parents and guardians throughout Pennsylvania with custody issues. We help our clients build evidence-based cases. Call us at 888-535-3686 or fill out our online form.