Legal Question in Family Law in Washington

Re: age of juvenile consent

Where a child resides is a decision for the parents, not the child. If the parents cannot decide, then it becomes an issue for the courts to decide. A child cannot decide where they will live until they are an adult, age 18 (unless the parents consent to letting the child decide). The obvious reason for this is that the child will then play one parent against the other, saying I will live with you if you ...

The courts will frequently appoint a GAL or parenting evaluator to make recomendations. They should never ask the child who they want to live with, because ususally the child wants to live with both parents in one big happy family, but that is no longer an option. They will ask the child how they get along with mom and how they get along with dad, what they like about mom and what they like about dad, etc., to find out what the relationship is between the child and each parent. That will have bearing on the outcome and decision, not the child's statement of desire (becasue we don't necessarily know what is motivating that statement).

Re: age of juvenile consent

18. The minor is presumed incompetent to make decisions for themselves.

If necessary a court will appoint a GAL to figure it out, but the Court will never hear directly from the child.

Elizabeth Powell