blog home Child Custody How Judges in PA Consider a Child’s Age When Seeking Input on Custody Issues

How Judges in PA Consider a Child’s Age When Seeking Input on Custody Issues

By Sheryl Rentz on October 12, 2025

A child’s wishes may heard by a judge during custody hearings. But the judge will consider the child’s age, maturity, and individual circumstances when deciding if a child can testify, and how to evaluate the child’s testimony.

At the Law Offices of Sheryl R. Rentz, P.C., we guide parents in Montgomery County through difficult custody disputes with compassion. We understand how emotionally charged these cases are, especially when children are old enough to express a preference.

The Best Interests of the Child Standard

Pennsylvania custody decisions are guided by a legal framework known as the best interests of the child standard, codified under 23 Pa.C.S. § 5328. Judges are required to evaluate 16 specific custody criteria, ranging from the child’s relationship with each parent to their need for stability, mental and physical health, and any history of abuse or neglect.

Among these 16 factors, one specifically addresses the child’s preferences: “The well-reasoned preference of the child, based on the child’s maturity and judgment.”

This language gives judges the discretion to consider a child’s views, but it doesn’t guarantee that the child’s choice will be followed. Instead, courts must balance the child’s wishes with all the other custody criteria to determine what outcome is truly in the child’s best interest.

The Role of Age and Maturity

While Pennsylvania law does not set a strict minimum judge child input age, courts typically start to give a child’s preferences more serious consideration around age 12, with increasing weight as the child gets older.

General Guidelines:

• Under age 10: Rarely considered unless there are specific developmental reasons or the child expresses strong concerns (e.g., safety fears).
• Ages 10–13: May be considered with caution; judge will assess maturity and context.
• Ages 14–17: Input may carry substantial weight, especially if it aligns with other best-interest factors.
• Age 18 and older: The child is legally an adult and can decide where to live.

A Child’s Preference May Be Disregarded

Even when a child’s opinion is mature and well-expressed, the court can still rule against it if doing so better serves the child’s safety or stability.

Examples of when a child’s preference might be overridden:

• The chosen parent has a history of neglect, substance abuse, or domestic violence.
• The child is being influenced, manipulated, or bribed.
• The child’s reasoning shows a lack of maturity or concern for their own welfare.
• The preferred living situation would disrupt education, medical care, or sibling bonds.

Older children do not have the right to choose which parent they will live with. Their preference is one factor among many. The court’s job is to assess whether their reasoning is sound, mature, and consistent with their well-being.

For example, if a 15-year-old expresses a desire to live with a parent because that parent has no curfew and provides limited supervision, a judge may question whether the preference is in the child’s best interest.

How Courts Gather a Child’s Input in Pennsylvania

When a child’s wishes are relevant, the court has several methods to learn about those preferences. It’s important to avoid putting the child in a harmful or uncomfortable situation.

In-Chambers Interview With the Judge

Sometimes referred to as an in camera interview, this is a private meeting between the judge and the child in the judge’s chambers. No parents are present. The purpose is to allow the child to speak openly without fear of disappointing or upsetting a parent.

Judges typically conduct in-chambers interviews with older children, usually 12 and up, though it varies by case and judge. The interview is part of the court record but may not be released to the parents unless the court deems it necessary.

This method balances the need for input with the need to protect the child from testifying in a stressful public hearing.

Custody Conciliation Conferences

In Montgomery County and many other Pennsylvania counties, the custody process begins with a conciliation conference before going to a formal hearing. At this stage, the child is generally not involved, but parents may raise the issue of the child’s preferences, prompting further court investigation if needed.

Guardian ad Litem (GAL)

A guardian ad litem (GAL) is a specially appointed attorney or professional who represents the best interests of the child, not the child’s wishes specifically, but their overall welfare. A GAL may interview the child, parents, teachers, or counselors and report back to the court with a recommendation.

A GAL can be especially useful in high-conflict custody cases where the child may be pressured or influenced by one parent.

Child Testimony in Custody Hearings

Courts generally try to avoid putting children on the witness stand. But there are cases, especially those involving allegations of abuse, where a child may be called to testify. This is typically a last resort and handled with great care.

The court may use closed-court sessions, limit questioning, or appoint a GAL to help the child prepare. If you are involved in a case where child testimony may be required, legal representation is essential.

How to Address the Child’s Preference in Your Custody Case

If your child is old enough to have a meaningful opinion about custody, and that opinion supports your case, it’s important to raise the issue with your attorney. But it must be done carefully and without coercion.

Do:

• Respect your child’s feelings and give them space to talk.
• Document relevant conversations or concerns (e.g., the child reports mistreatment).
• Work with your attorney to determine if a GAL or in-camera interview is appropriate.

Don’t:

• Ask your child to “pick a side.”
• Coach your child on what to say to the judge.
• Promise rewards or punishments based on the outcome.

Speak With a Trusted Divorce Attorney in Montgomery County PA

Attorney Sheryl R. Rentz has over 30 years of experience advocating for parents and protecting children’s well-being during some of life’s most difficult transitions. She has been recognized as a Top Attorney by Suburban Life Magazine and she has a Superb rating from Avvo.

Call (610) 645-0100 to learn more today.