Legal Question in Family Law in Virginia

My son (12) and daughter (11) live with their mother and stepfather in Kentucky and I live in Shenandoah County, VA. Our divorce was finalized in Winchester VA. I get to see the children in the summer and not very often during the rest of the year. The children are not taken care of, miserable, and want to come live with me and my wife. How old do they have to be for them to tell a judge and a decision can be made?


Asked on 11/26/10, 2:25 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

There is no particular age for this kind of matter, but generally if the child is less than 12 years of age, his or her opinion on the matter is not likely to be accorded much weight by the judge. (That's my opinion, of course.)

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Answered on 12/02/10, 7:32 am


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