Legal Question in Family Law in Virginia
chid custody
I am 13 and my parents are getting a divorce.I want to stay with my dad. What age can I choose?
2 Answers from Attorneys
Re: chid custody
You could express your preferences to the court, but the judge will ultimately decide the issue based upon what he or she preceives to be in your best interests as determined by a variety of factors other than just your preference.
Re: chid custody
At no age will a judge simply award custody to a parent based solely on a child's wishes. However, in addition to facts/evidence provided by your parents, the judge will also hear and consider your feelings on the issue. Ultimately the judge will award custody based upon your best interests, and your choice of parent will be considered, but not the sole reason that custody is or is not awarded to that parent. However, certainly the preference of a teenager, such as yourself, will be given more weight than that of a young child or toddler.