Legal Question in Family Law in Washington

If a child is 16 years of age, parents are divorced, with the father having custody of the child. Is the child at this age able to decide on to which parent they prefer to stay with on a full time basis.


Asked on 1/29/11, 5:57 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

In short, no. If the matter is before a court, the court will typically appoint a third party, such as a guardian ad litem to speak for the child. The child's position will be considered, but it is not the be all and end all in making decisions about where a child will reside. The standard used is, what is in the child's best interest, which is different than what the child thinks is in their best interest. Sometimes those view coincide, sometimes they collide.

It is up to the guardian ad litem to sort it out and provide a recommendation to the court on how to proceed. [Note, in some cases, instead of a guardian ad litem, a parenting evaluator is instead appointed, and while there are some technical differences, often they have the same overall function, to advise the Court what to do about a parenting plan.]

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Answered on 2/08/11, 5:58 pm


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