Is this a factor to consider in child custody trial?

Asked almost 2 years ago - Yardley, PA

My 2 year old cries hysterically when he leaves me and have to go with his dad. And the odd part is that the father has primary custody and I have partial custody. Would the courts consider that my child cries badly when he has to go to dad?

Attorney answers (1)

  1. Eric D. Strand

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Any issue that impacts the best interest of the child will be relevant in a child custody trial. Without know more information being the entire situation, it is impossible to say whether this is a relevant factor to consider. Just because a 2-year old cries does not mean its because he's going with his dad. The 2-year old cannot explain why he is crying, and dad can simply say he's crying because he's not happy being with you. The best thing to do is consult a family law attorney to review your case and all the circumstanced surrounding custody to determine whether a modification petition is warranted. Good luck.

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