Legal Question in Family Law in Washington
How old does a child have to be to make their own decision on which parent they
I have been a single mother for 10 year. I left him when she was 6 months old and moved out of state. When I graduated college I moved back to the Washington, so he could spend time with her. I attended colledge full time, worked full time and raised her. When I asked him to watch her for a couple of days so I could rest, he would give me hell for asking. I had complete custody of her up until two years ago, when my ex-husband and his new wife, filed for a new parenting plan, and was able to get it. I could not afford an attorney to dispute it. He now has her every other week, and I the same. He used to pay $300/mo, now it's down to $28.00/mo.. She does not seem happy with the situation, and cries when I take her to her father's house (there is no physical abuse happening). She has expressed on several occassions over the past two years that she wants it back to the way it was (with me most of the time). I want to move out of state to be with MY family now, and he is fighting me, although he recently mentioned that we may need to change the Parenting plan again. I would like to know at what age can a child make their own decisions as to where they want to live? Thank you for your time.
2 Answers from Attorneys
Re: How old does a child have to be to make their own decision on which parent t
There is no specific age in WA. But if you want to relocate, that would probably be the best bet. There is a very specific procedure in the statutes for relocation. Forms for this procedure are at http://www.courts.wa.gov/forms/?fa=forms.list. Scroll down to "Child Relocation Act".
Directions for use of the forms are at http://www.courts.wa.gov/forms/forms_instruct/index.cfm?fa=forms_instruct.display&filename=relocate.
For the actual statutes, go to http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=26.09 and scroll down to the section entitled "NOTICE REQUIREMENTS AND STANDARDS FOR PARENTAL RELOCATION".
Re: How old does a child have to be to make their own decision on which parent t
Washington State has no specific age at which a child has control of parenting plan, and generally the courts do not want to call the child (it puts the child in the middle of problems), the preferred mechanism for finding out what the child wants is through the Family Court Services or a Guardian Ad Litem. A summary of the Relocation Statutes is provided in the parenting plan since aobut 2000, see forms at http://www.courts.wa.gov/forms/index.cfm?fa=forms.search
and the statute at http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=26.09 look at 26.09.430...
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