Legal Question in Family Law in Pennsylvania
Child's age factor
Me and my ex have joint custody of our 13 yr old son. We had a temporary court order about 9 yrs but have since disregarded it because circumstances have changed. We had our own schedule set but he never brings him home when he's supposed to and says it's because our son doesn't want to. I would like to go to court so that there is a court order and he will have to bring him home. I'm sure that my son will say that he wants to be with his dad all the time because he's allowed to roam and do whatever he wants when he's there and when he's at my house it's more structured and I have more rules. How much will his age factor into the judges decision and even if there is a court order what do I do if he doesn't want to come with me and his father doesn't tell him he has to.
1 Answer from Attorneys
Re: Child's age factor
You asked about a custody order.
You need to speak with an attorney directly. The first thing to do is to go back and see if the old custody will serve.
If the old order cannot be resuscitated a court will look at the entire issue. While a child of 13 years does get some input, the court will look at the best interests of the child. This will often involve some investigation into the structure that will be provided for a child in the various environments.
Regards,
Roger