- On Behalf of Topinka Law
- Child Custody
A judge may decide to speak with a child in a Pennsylvania custody case if the child’s preferences or experiences could help determine the best custody arrangement. Judges usually consider a child’s age and maturity before deciding to conduct an interview. Courts do not automatically interview children, but they may do so if one parent requests it or if the judge believes it would provide helpful information. The judge will likely speak with the child privately to avoid unnecessary stress and to encourage honesty.
How Judges Conduct Child Interviews in Pennsylvania Custody Cases
Pennsylvania law allows judges to interview children in custody cases but does not require children to testify in court. Judges may speak with children in open court or in private chambers. Judges must record child interviews and may allow parents or parents’ attorneys to observe. However, they are not required to allow parents or their lawyers to observe these interviews. Parents’ attorneys can question the child under the judge’s supervision if both parents have legal representation. If only one parent has an attorney or a parent represents themselves, they may submit written questions for the judge to ask.
What Kinds of Questions Might a Judge Ask a Child?
Judges in Pennsylvania custody cases may choose to speak with a child to understand their experiences, preferences, and overall well-being. The judge does not expect the child to make legal decisions, but they may want to hear about the child’s daily life, relationships with each parent, and feelings about the custody arrangement. The goal is to gather honest information while ensuring the child feels safe and comfortable. The judge might ask open-ended questions like:
- What do you like about living with each parent?
- What do you do on a typical school day?
- What do you do on weekends?
- Do you have a bedtime at each home?
- Who helps you with homework?
- How do you get to and from school?
- What activities do you do outside of school?
- Who cooks meals for you?
- Do you get along with everyone in each home?
- Has anyone ever told you what to say to me today?
- Has anyone made you feel like you have to choose between your parents?
- Do you want to tell me anything else about your family?
How Much Weight Does a Judge Give to a Child’s Preferences?
Judges consider a child’s preferences but do not base custody decisions solely on what a child wants. The judge evaluates the child’s maturity, reasoning, and whether either parent might have influenced the child’s opinion. Judges typically give more weight to the preferences of older and more mature children. However, the judge must also consider other factors, such as each parent’s ability to provide a stable home, the child’s relationships with family members, and any concerns about safety. Even if a child expresses a preference, the judge will make a decision based on the child’s best interests.
How to Prepare a Child for a Custody Interview
Parents should help children feel comfortable about speaking with a judge without coaching or influencing their responses. The child should understand that the judge wants to hear about their experiences, not force them to choose between parents. Parents can explain that the conversation will be private and that the judge will make the final decision. Encouraging honesty and reassuring the child that they are not responsible for the outcome can reduce stress.
Contact a Custody Lawyer in Pennsylvania
If you are dealing with a custody case and have concerns about your child speaking with the judge, Topinka Law can help. We will explain your legal rights, discuss your options, and guide your family through the next steps. Call us today at (814) 954-7280 to arrange your initial consultation.