Legal Question in Family Law in Virginia
Child Custody age
At what age can the minor child determine which parent that she would like to live with in Virginia? Both parents provide loving and caring homes, her mother is having difficulty in communicating or setting direction. She currently lives with her mother in Virginia, I currently live in Florida. Our original divorce decree awards the mother child support but does not indicate type or rules of custody.
Thank You
2 Answers from Attorneys
Re: Child Custody age
One would almost have to write a book to answer this question. I can tell you that the weight to be given the child's preferece depends first upon the child's age, and secondly upon the evident maturity of the INDIVIDUAL child, irrespective of age. I once had a case where the desire of a 7 year old child was given at least some consideration. And, bear in mind that an existing order will not be modified unless a significant and relevant change of circustances is alleged.
Re: Child Custody age
The child's preference as to which parent should have custody begins to have weight with the court roughly around age 12 to 13. It is, however, only one of the many factors which the court must decide in determining what is, ultimately, in the child's best interest when it comes to deciding this particular issue.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
