Legal Question in Family Law in Washington

Can a 15 yr old decide?

I am currently going thru a custody case. I have been the legal custodial parent of my 15 yr old son all his life. He now wants to live with his alcoholic father! Does the judge go by what the child wants? Or can I fight it in the courts?


Asked on 1/09/07, 1:43 am

1 Answer from Attorneys

Christopher Steuart IT Forensics, Inc.

Re: Can a 15 yr old decide?

The judge can consider what the child wants, and more consideration of the child's request will be given as the child gets older, but that is not determinative. The standard that is applied is the best interest of the child. Yes, you can resist this process, and the burden is on the parent proposing the modification to show why the existing parenting plan should be modified. There are two levels of modification, an actual change of primary residence is harder to effect than a minor modification.

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Answered on 1/09/07, 2:53 pm


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