How a Child’s Preference Impacts Custody Disputes

After a term working as an assistant district attorney, Carla Risoldi founded her Pennsylvania and New Jersey legal firm, Risoldi Law Offices, LLC. Carla Risoldi focuses on areas of family law, including divorce, grandparents’ rights, and child custody.

When parents separate and cannot agree on a child custody arrangement, both Pennsylvania and New Jersey courts weigh several factors to determine the legal and physical custody arrangements for children. While children’s safety and best interests are prioritized, their input is also considered in most cases.

How a child’s preference impacts custody decisions depends on a variety of factors. For example, if both parents are equally fit, the child’s preference may contribute more significantly to the final decision.

Further, older children who provide reasoned preferences may have more influence on custody outcomes than young children who may not be able to articulate their feelings. Likewise, many young children may experience psychological distress if asked to choose a parent. For this reason, the preferences of young children are generally presented to the court through a psychological report rather than direct testimony.

Most courts have some type of pre-trial evaluation process that can assist the courts in understanding the various positions of the parties and these usually consider the input of older children and their preferences. In some cases, a special attorney may be appointed to represent the child separately from the parents. If the case still ends up going to court for a full trial, the judge may have the child come to testify, either in open court or in chambers with the court reporter present and usually with both parents’ attorneys present. Procedures will vary from judge to judge and may depend on the age and maturity of the child and the facts of the case.

If you are facing a disputed custody situation, you should have the benefit of legal advice from experienced counsel. Carla Risoldi is not only an experienced family law attorney, but also is a custody mediator, having founded samaggikaranam divorce & custody mediation, llc in 2019. You can reach Ms. Risoldi by calling 215-741-3700 or at http://www.risoldilawoffices.com or sam-mediation.com

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