With the increase in custody disputes over the last several years, judges are becoming more involved than ever in issues regarding children’s daily lives. While judges often make decisions as to where a child should live, the increase in disagreement among parents as to a multitude of issues seems never-ending. These issues are wide-ranging such as a should a child be permitted to take gender-affirming hormones, what school should a child attend and even whether a child should be permitted to participate on a travel sports team. In many of these instances, judges will meet with a child as part of the process. The questions the judge will ask the child will vary based on the child’s age, maturity and the subject of the dispute.

In 2022, Pennsylvania updated Rule of Civil Procedure 1915.11(b) which provides guidance regarding the interview of a child in custody matters. Pursuant to the revised rule, the court may interview a child in open court or in chambers. However, any interview of the child must be conducted on the record. Additionally, the Judge has discretion to allow a party’s attorney or a party to observe the interview. As part of the interview process, the court shall permit either: the parties’ attorneys to question the child under the court’s supervision, provided that all parties are represented by an attorney; or a party’s attorney or a self-represented party to submit to the court written questions, which the court may include in its interview. Pa. R.C.P. 1910.11(b). This a change from the previous version of the Rule which, generally, required the court to allow a child to be interviewed by a party’s attorney and allowed the attorney, or sometimes even a party, to be present for the interview.

In What Percentage of Custody Cases Does a Judge Interview a Child?

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