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Under PA child custody laws can my 16 year old daughter decide which parent she wants to live with

My daughter is 16 and wants to live with me her mother is remarried and lives in another school district. last year my daughter came to live with me for about a month i enrolled her back into her old school and when asked about helping out with child support her mother said no way she was going to do that and took her from school then called me and said my daughter was now living with her again. she has been taking her back and forth to school since. she has agreed to let my daughter move back in with me .but wont sighn over physical custody unless i sighn papers saying she and her husband have no financial responsabilityfor my daughter my be you could help

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Attorney answers (3)

Reputation Level 15
You need to speak to an experienced family law attorney in your community. If you cannot afford one, see if your local court, law school, or legal aid foundation has a low cost or self help family law clinic.
Generally speaking, no child has an absolute right to select which parent will have primary custody until she reaches majority (usually 18), or is legally emancipated. Courts will give stronger weight to a child's wishes depending on the child's age, maturity, ability to express her wishes, reasons for the wishes, impact on siblings, and many other concerns.
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Avvo Pro

Reputation Level 18
I agree in all respects with the prior answer. That is good advice. The wishes of the child do not control, however an older child with a well-reasoned explanation of why she has a custody preference would carry some weight. The court is bound to consider what outcome is in the best interests of the child.

You should contact a local attorney (or legal aid if you qualify) to assist you in filing a petition to modify custody,
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Avvo Pro

Reputation Level 18
P.S. Even if you were to sign something agreeing not to seek financial responsibility, normally that is not binding, since the right to support legally belongs to the child.
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