Philadelphia, PA asked in Adoption, Child Custody and Family Law for Pennsylvania

Q: Can a child decide which caretaker they want to live with?

We have taken care of my Husbands biological niece for the last 6 years, no child support or such. Took care of medical, education, activities, finances. All through notarized agreement/ Affidavit .Mom has been back in the state for the last 3, taking child on weekends at times. Very minimal involvement, no financial involvement, or educational involvement and or medical. She has now decided she would like to take the child back full time and has yet to show any parental consistencies and or preparation for child to start school. The child does not want to live her Mother full-time. She only wants to see her on weekends. Does she have any rights? What is the best option?

1 Lawyer Answer
Kathryn Hilbush
Kathryn Hilbush
  • Divorce Lawyer
  • Media, PA
  • Licensed in Pennsylvania

A: One of the factors in a custody case is the child's preference but that's only one of 16 factors. I suggest that you consult with an experienced family law attorney in your area about your rights and options at this point.

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