Legal Question in Family Law in Washington
child custody
My daughter is 12 years old and would like to live with me instead of her mother. we are divorced, she has been living with mother for 5-6yrs. what age can they decide on there own? Both are equally good parents. Thank you
2 Answers from Attorneys
Re: child custody
Your question requires an investigation into some facts:
1. Is there a parenting plan in effect? If there is, you would have to do a petition to modify.
2. If you do petition to modify, there must be a substantial change of circumstances in the life of the child or of the residential parent that makes modification necessary to protect the best interest of the child.
3. If there is a substantial change of circumstances, your daughter's wishes would be only one of the factors that the court considers in modifying the parenting plan. A 12 year old child's wishes will not be given the same weight as the wishes of a 16 or 17 year old, and you will have problems convincing the court that her desire to move is sufficient for modification.
Re: child custody
P.S.
You might also talk to your ex-spouse and ask her if it would be appropriate for your child to change her residence. She might agree.