Legal Question in Family Law in Pennsylvania

Change of Custodial Parent

I have 3 children with my ex-wife. Two girls, one boy. For a couple of years now he has expressed his desire to live with me other than his mother. When I'm asked if he can live with me, I simply tell him, ''You are still not old enough to get the chance to make those choices just yet buddy''. I was wondering if there was an age to which the child ''does'' have a voice in which he can express a change like this. I heard in Nothampton county, the age was 12. Is this possibly true? Any help you can inform me with will be greatly appreciated. Thanks. Stan


Asked on 7/11/08, 3:51 pm

1 Answer from Attorneys
Alicia Santana Torres Santana Torres Law Offices, PL

Re: Change of Custodial Parent

Judges will often take into consideration a child's preference, as soon as the chlid is old enough to speak; there is no magic age. But the final decision will always rest with the court. They may appoint a Guardian ad litem (neutral attorney or child advocate) to assess the two homes/parents, interview the child, and give an opinion as to the child's best interests (which is not necessarily the same as the child's wishes).

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Answered on 7/11/08, 9:57 pm


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