In a divorce or custody case, the judge will gather evidence of all of these factors and consider it to make a custody decision or parenting plan. A child`s preference is taken into account, but the child`s preference is not decisive. As you have seen, the “i” factor implies the child`s reasonable preference. Perhaps one of the most difficult elements in divorce and separation cases is custody. Unlike finances and asset sharing, the custody determination process can be a unique emotional challenge. Therefore, the question of when a child has the legal capacity to determine with whom he or she lives is a common one. In order for the judge to weigh a child`s preference, the child`s opinion must be reasonable. It should be a mature decision and not based on the parent who can spend the most money on them or the parent who has the least restrictions on the minor child. Such a decision would not be considered appropriate in the case of a decision on parental custody or leave. November 17, 2020 – Many parents who break up mistakenly think that their child can choose who they want to live with.
The Friend of the Court is a facility that provides assistance with custody and visitation decisions in Michigan. Most often, a judge will ask the friend of the court to question parents and children in custody and parental leave disputes. As most family law lawyers will tell you, the age at which a child can decide is 18. At this age, they are no longer children and are subject to a custody lawsuit. Until then, it never depends on a child. There is no magic age until you turn 18. A judge must consider a child`s preference, age, maturity and other factors. But the final decision is always up to the judge. Simply put, in a custody suit, a child has the right to vote, but not the choice.
In addition, the judge will consider factors such as a child`s choice to live with one of the parents in rebellion against the parent who currently has custody. The court must also determine whether a parent can attempt to influence the child`s opinion. Ultimately, the judge will consider all of the above factors, as well as the child`s preference as to which parent to live with, although the decision is usually not based solely on the child`s opinion. There are two types of detention in Pennsylvania: physical and legal. Physical custody is where the child will live, which parent will provide what kind of care to the child, and how much time each parent will spend with the child. Before the age of 18, the court and the State do not consider that minors are in a position to make a complete decision on where they wish to establish their residence. Therefore, the age of majority is the only age at which they can make such a decision. This is often done without parental guidance or the interference of lawyers who believe one parent is better suited for custody or additional parental leave than another.
The court does not allow parties directly involved on both sides of an issue to participate in these discussions, as this may cause psychological harm to the child. Typically, a judge appoints a social worker or guardian to work with the child. The designated person prepares a report which is submitted to the court and in which the child`s preferences are indicated. This approach allows the child and parents to avoid the unpleasant scenario of a child testifying in front of both parents on the subject of who they want to live with. Download the high-resolution map: PNG | Use JPG image with attribution In Michigan, MCL 722.23 states that the court determines the “best interests of the child” by considering the following factors: During custody proceedings, a child can express his or her wish as to the parent with whom he or she would like to live. However, this does not mean that the judge must necessarily follow the wishes expressed by the child. In general, the older a child is, the more the judge takes his or her wishes into account. Under the Washington Statutes, which govern custody, there is no fixed age below 18 at which a child can make a unilateral decision about the parent with whom he or she wants to live. Custody may be shared, with each parent having the same amount of time with the child; primary and partially, when one parent has more time than the other; or single, where one of the parents has no time with the child at all. In addition, a parent may also consent to or receive supervised visits. In this case, a certified supervisor must be present at all visits.
Family law in Pennsylvania considers a child under the age of 18 to be an unemancipated individual. Thus, under the PA`s child access laws, the frequency, timing and location of visitation are controlled by the court in the custody order, as well as other parental exchange details. For example, a 15-year-old girl cannot live with her mother as she wishes if the evidence shows that the mother allows her to drive without a licence. On the other hand, a 12-year-old with concrete reasons for favouring a suitable parent could have a significant influence on a judge`s decision. At Colgan & Associates, our team of caring and dedicated family law lawyers have extensive experience handling custody matters for families in Pennsylvania. If you have any questions about any part of the custody or family mediation, do not hesitate to contact our office for a free and non-binding telephone consultation. We`d love to talk to you today! Call us at (717) 790-2048. Custody, parental leave and child support can all be affected by unfair or inappropriate custody and parental leave arrangements.