Legal Question in Family Law in Virginia

child custody

at what age can a child choose to live with the father? mother has primary custody, but father has children part time. does the father have to return to court to get custody if the child chooses to live with him?


Asked on 12/29/08, 9:46 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: child custody

There is no particular age when a child less than 18 years of age is considered legally competent to make such a decision. Courts will usually give some weight to teen children's preferences in such matters, but must consider many other other factors in determining what may be in such children's best interests.

And, yes, in order to modify the current custody arrangements, the father must file a motion with the court seeking a change in these arrangements and must not come believe that he can rely on what he may think that the child has decided in regard to the matter and, consequently, that he need not obtain a modification in the current custody order.

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Answered on 12/29/08, 11:54 pm


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