Children and Custody Litigation

Schwartz, Fox & Saltzman, LLC. – Philadelphia Divorce Lawyers

Many parties in custody disputes ask me whether their children will have to testify and whether the court will consider their child’s c opinions and thoughts. Parents are understandably concerned about whether their child will be asked to choose sides in this battle between their parents. They may be concerned that their child might select the other parent, or that their child would be put in that position at all.

If you are involved in custody litigation in a courtroom setting, in most jurisdictions, a judge will interview the child or children involved. Jurisdictions have different procedures for conducting these interviews. While attorneys in Pennsylvania have the right to be in the courtroom with the judge, most lawyers will decline the opportunity to be present when the judge interviews the child. 

Meeting with a judge is scary for a child, as the judge is a stranger. The judge will ask for information that a child may believe is very personal and private. It is not uncommon for a parent to tell their lawyer that their child has strong opinions regarding the custodial issue, but when the child gets in front of the judge, the child is unable or unwilling to share their thoughts.

In Pennsylvania, most judges will meet with children that are six years old and above. Each Judge has their own process and their own areas of inquiry. Children are understandably anxious in the days leading up to this meeting.

Once a child reaches a certain level of maturity, their thoughts will be more heavily considered. By the ages of 11, 12 or 13, a child’s observations can have an impact on a judge’s decision regarding custody and custody schedules.

The involvement of children can be avoided with mediation. Generally, the mediator will not meet with children, but will speak with the parents and help them arrive at a custodial schedule that will serve the child’s best interests.

Mediation is a less combative, less stressful process for all involved. If you are concerned about the impact of involving your children in your custody battle , consider mediation instead of litigation. This process puts the children’s interests first when custody issues are being discussed and negotiated.

Think long and hard before you leap into litigation. Discuss mediation with your spouse or partner. If you want more information on the litigation, mediation, or collaborative law process, please give us a call. We’d be more than pleased to discuss it with you.

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