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Please note the Domestic Relations Department does not handle custody, protection from abuse or divorce.
At What Age Can My Child Refuse Visitation? Contrary to popular belief, there is no specific age at which a child can refuse to see a parent or comply with a custody order. In fact, Pennsylvania law defines a "child" as an unemancipated individual under 18 years of age.
As most family law attorneys will tell you, legally, the age when a child can decide is 18. At this age they are no longer a child and subject to a custody action. Until that time it is never up to a child. There is no magic age before they turn 18.
Once a child is born in the state of Pennsylvania and the parents are unmarried, the mother's rights are no different than if she were married. The mother has legal custody of the child no matter if she is married or unmarried in this state.
The most common joint custody arrangements include the 2-2-3 plan and the 2-2-5 plan. Both involve spending alternate sets of days with either parent. Also common is the alternate week plan, where the child spends one week with a parent and the next week with the other.
The short answer is yes but with a caveat. Pennsylvania law states that a child's custodial preference must be well-reasoned and based on maturity and judgment. The court does not have a minimum age that triggers the Court to begin taking the child's preference into consideration.
We are often contacted by parents asking at what age children can decide for themselves where they will live after a divorce or separation. There are lots of articles on the internet about this, and a good number suggest that at a certain age e.g. 10, 12 or 16, a child can make their own decision. This is not the case.
A common 70/30 arrangement, the every 3rd-day schedule has your child live with one parent for two days and the other parent for one day. The every weekend schedule is another 70/30 option. Your child lives with one parent on weekdays and spends weekends with the other.
Pennsylvania allows for parents to share custody of a minor child after a divorce, and in some cases, that custody is split equally, 50/50.
There is no magic age before they turn 18. A judge must take a child's preference into account, along with that child's age, maturity and other factors. But the final decision is always up to the judge. Simply put, in a custody action, a child has a voice but not a choice.