Legal Question in Family Law in Virginia
Can my son decide where he wants to live?
My 16 year old son is living in Virginia with his father. He has decided that he wants to move to Florida to live with me. According to Virginia law, does my son have the right to make his own decision?
2 Answers from Attorneys
Re: Can my son decide where he wants to live?
The order of the court controls any custody issue. If you seek to change it (or the father) a motion must be made in court seeking modification. While not a guarantee, the opinion of a 16 year old will be very persuasive in permitting a change.
Re: Can my son decide where he wants to live?
A court considering a petition for a change of custody, will give substantial weight to your son's preferences in regard to where he wishes to live and with which parent. However, the court ultimately will make the final decision on this issue based on what it deems to be in the young man's best interests which may not necessarily accord with his particular preferences.
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