Legal Question in Family Law in Washington

when a child can choose which parent to live with

My son turned 11 a few months ago, and has expressed an great intrest in living with me (his father). I am re-married, 6.5 years, and have a 4 year old with my current wife. we have a very stable home, our child in private school, and a lot to offer. His mother is still single, and bounces between men on a very frequent basis. He feels starved for a stable enviroment. I believe, but am unable to locate anything in writing, that he is able to choose where he will live when turns 13. But his recent urge to get me to pirsue this issue has me asking the question is it possible to get him sooner than when he turns 13. His mother will not allow this to happen, but I must try, if only to show that I am willing to fight for him. the second question is, is it true that he has the right to choose when he turns 13?

Thank you


Asked on 11/09/03, 11:14 pm

1 Answer from Attorneys
Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: when a child can choose which parent to live with

Childen can only decide where they want to live when they turn 16, not 13. Unless you can show that his environment is highly detrimental to his health and well being, you face a very difficult task in trying to change custody. Lifestyle alone is insufficient grounds for a change of custody. You would have to show a number of detrimental factors to have even a chance at changing custody.

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Answered on 11/12/03, 11:33 am


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