Legal Question in Family Law in Virginia
Legal Age to Chhose a Parent
I have a 13-year old son and a 10 year-old daughter who my former wife has sole custody. My son has insisted me and my former wife that he likes to live with me. I have contacted my former wife to discuss the possible child custody change. She disagreed since she likes to have physical custody of my son (child support goes with is).
Question: Is there a ''legal'' age that a teenager can choose which parent that he/she prefers to live with? Does the court decide a child custody amendment just based on who an ''old enough'' teenager prefers?
1 Answer from Attorneys
Re: Legal Age to Chhose a Parent
No, the court will never decide a child custody case based soley on the child's preference, but
must determine what's in the child's best interests by taking into consideration all relevant factors(including, of course, the child's preference),and giving some, perhaps, more weight than others in determining a final decision.
However, as the child gets older(beginning about age 13 or so) the court will give considerably more weight to the child's preference in making the final decision than if the child were a few years younger. However, I must emphasize that even
with an older child , the court must consider many factors in deciding the custodial placement
which is most likely to be in the best interest of that particular child.
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