Pennsylvania Petition of Minor by Guardian Ad Litem to be Declared Free from Father's Custody Due to Cruel Treatment - Release of Parental Rights
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How to fill out Petition Of Minor By Guardian Ad Litem To Be Declared Free From Father's Custody Due To Cruel Treatment - Release Of Parental Rights?
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FAQ
There is no minimum age which prompts a Pennsylvania judge to say that a child's wishes will or won't be considered. Rather, PA custody law clearly specifies that a child's custodial preference must be well-reasoned and based on maturity and judgment.
If there is no custody order, both parents have an equal right to custody, and either can lawfully take physical possession of the child at any time. However, taking the child away without the other parent's consent can be held against you in court if that action was not reasonable.
However, they may deny visitation rights to a non-custodial parent if it's within the child's best interests. Typically, this is reserved for cases where it is proven that the parent has a history of abuse towards their children.
Encourage them to participate in the agreed-upon schedules and do not allow a child to take control over whether or not they want to visit. In Pennsylvania, there is no age earlier than 18 at which a child can refuse to see the other parent.
A parent or parents may choose to give up their parental rights through the consent procedure under 23 Pa. C.S. § 2504. Unlike a voluntary relinquishment, consent does not require the parent or parents' appearance at the court hearing.
Pennsylvania's family law is pretty similar to most other states in this regard. So the short answer is, the older and more mature a child is, the more credence their opinion has in deciding custody, or who they will live with. But there is no set age where they are legally entitled to make a decision.
At What Age Can My Child Refuse Visitation? Contrary to popular belief, there is no specific age at which a child can refuse to see a parent or comply with a custody order. In fact, Pennsylvania law defines a "child" as an unemancipated individual under 18 years of age.
What makes a parent unfit in PA? Any records proving mental or physical condition that makes the parent incapable of providing care for their child as well as criminal charges and drug use count as strong evidence to show that the parent is not fit to be awarded the custody.