• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
MacElree Harvey, Ltd.

MacElree Harvey, Ltd.

Initiative in Practice

  • Home
  • Legal Services
        • Banking & Finance Law
        • Business & Corporate Law
        • Criminal Defense
        • Employment Law
        • Estates & Trusts Law
        • Family Law
        • Litigation Law
        • Mediation and Arbitration
        • Personal Injury Law
        • Real Estate & Land Use Law
        • Tax Law
  • Our Team
        • Joseph A. Bellinghieri
        • Patrick J. Boyer
        • Jeffrey P. Burke
        • Robert A. Burke
        • Matthew C. Cooper
        • John C. Cronin
        • Daniel T. Crossland
        • Marie I. Crossley
        • Harry J. DiDonato
        • Jaycie DiNardo
        • Caroline G. Donato
        • Lindsay A. Dunn
        • Sally A. Farrell
        • Brian J. Forgue
        • William J. Gallagher
        • Patrick J. Gallo, Jr.
        • Mary Kay Gaver
        • J. Charles Gerbron, Jr.
        • Leo M. Gibbons
        • Joseph P. Green, Jr.
        • Carolina Heinle
        • Court Heinle
        • Frank W. Hosking III
        • Katherine A. Isard
        • J. Kurtis Kline
        • Peter E. Kratsa
        • Mary E. Lawrence
        • Daniel R. Losco
        • Michael G. Louis
        • Jamison C. MacMain
        • John F. McKenna
        • Matthew M. McKeon
        • Brian L. Nagle
        • Lance J. Nelson
        • Timothy F. Rayne
        • Michael C. Rovito
        • Duke Schneider
        • Tiffany M. Shrenk
        • Andrew R. Silverman
        • Ashley B. Stitzer
        • Robert M. Tucker
        • Natalie R. Young
  • About Us
    • Our History
    • Our Approach
    • Social Responsibility
    • Testimonials
  • Careers
  • News & Updates
    • Articles by Our Attorneys
    • News
    • Podcasts
    • Videos
    • Newsletters
  • Offices
    • Centreville, DE
    • Hockessin, DE
    • Kennett Square, PA
    • West Chester, PA
  • Contact
  • (610) 436-0100

Does My Child Have a Say in Custody?

March 23, 2022 by Patrick Boyer, Esq.

Parents often ask whether their child has a say in determining custody. In Delaware, the wishes of the child are one of eight factors the Judge must consider in determining custody. In custody cases involving very young children, the wishes of a child are rarely significant. Instead of testifying like any other witness, children are interviewed by the Judge outside the presence of the parents. The Judge ultimately determines whether to interview the child, and if interviewed, what to ask.

As children age, their wishes are generally given more weight. What weight is given depends upon the age and maturity of the child, the reason for any preference in custody, whether and to what extent a parent has attempted to unduly influence the child’s preference, and other factors. There is no magic age where a child’s wishes are dispositive in determining custody. If a child is available to be interviewed, parents can testify to statements the children have made so long as reasonable notice of the statement is provided to the other parent in advance. The child interview is recorded, is part of the Court record, and can be listened to after the interview.

Parents with questions regarding the impact of their children’s wishes on custody should contact one of our attorneys. We are experienced in assisting parents in all types of custody cases, including those where children are interviewed.

Patrick J. Boyer concentrates his practice on family law. He advocates in various areas including, but not limited to, divorce, property division, alimony, child custody and visitation, child support, and domestic violence. In addition, Patrick assists his clients with issues involving guardianship and third-party visitation. He is licensed in Delaware and Pennsylvania and works out of the firm’s Centreville, Delaware office.

Filed Under: Articles by Our Attorneys

Primary Sidebar

  • Articles by Our Attorneys
  • News
  • Podcasts
  • Videos
  • Newsletters

Footer

(610) 436-0100

LEGAL SERVICES

  • Banking & Finance Law
  • Business & Corporate Law
  • Criminal Defense
  • Employment Law
  • Estates & Trusts Law
  • Family Law
  • Litigation Law
  • Personal Injury Law
  • Real Estate & Land Use Law
  • Tax Law

ABOUT US

  • Our History
  • Our Approach
  • Social Responsibility
  • Testimonials

NEWS & INSIGHTS

  • Articles by Our Attorneys
  • News
  • Podcasts
  • Videos
  • Newsletters

OFFICES

Centreville, DE

5721 Kennett Pike
Wilmington, DE 19807
302-654-4454
Learn More

Hockessin, DE

724 Yorklyn Rd #100
Hockessin, DE 19707
302-239-3700
Learn More

Kennett Square, PA

209 East State Street Road
Kennett Square, PA 19348
610-444-3180
Learn More

West Chester, PA

17 West Miner Street
West Chester, PA 19382
610-436-0100
Learn More

  • Terms of Use
  • Privacy Policy
  • Disclaimer
  • Staff Only
  • Careers

© 2025 and all rights reserved by MacElree Harvey, Ltd.