Legal Question in Family Law in Washington

Age of child for custody determination

I would like to know at what age can a child decide what parent they want to live with? The divorce is already final, but the child would like to know at what age he can make the decision to live with what parent they want. Thanks for the help.


Asked on 7/10/03, 3:46 am

1 Answer from Attorneys

Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Age of child for custody determination

In Washington State, children below the age of 12 are presumed not to know what is in their best interest and a court or judge will not take their feelings into consideration except as may be disclosed in a GAL report. Between the ages of 12 and 15, the court will take into account the child's wishes but the court is not bound by the child's expressed desire of where to live. From age 16 on, the court is bound to follow the child's wishes unless there are compelling reasons not to do so, e.g., the other parent is a drug user/dealer, alcoholic, sex offender, violent criminal, etc.

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Answered on 7/10/03, 3:09 pm


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