Legal Question in Family Law in Pennsylvania
my step son will be turning 16 and does not wish to stay with his mother and step father anymore, he is only there 2 days a week. can he choose not to go back ? pennsylvania
1 Answer from Attorneys
If there is a court order establishing custody with Mom two days a week, then that's the law for now. If you and Mom agree otherwise, however, and no one raises heck about it, then you can do whatever you want and it's no harm/no foul. If she will not agree, though, you'll need to go back to court and file a Petition to Modify Custody to change the current arrangement.
In Pennsylvania, once a child turns 14, the court gives a lot more weight to the child's preference. The older the child is, the more weight the court gives to the child's preference. But it's always the court making the custody decision -- not the child. The court still decides what's in the child's "best interests," but simply recognizes that as the child gets older, that child is starting to get a feel for what's in his own best interests (at least sometimes!).
Hope this helps. Best of luck to you all.
Cary B. Hall, Esquire
Law Offices of Cary B. Hall, L.L.C.
121 East Chestnut Street, Suite 205
Souderton, PA 18964
T: (267) 663-9995
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http://www.carybhall.com