Legal Question in Family Law in Washington
custodial
if a child does not want to vistit with a parent on any given week end, at what age can the child decide on their own. what is the legal age of consent
2 Answers from Attorneys
Re: custodial
The answer to both parts of the question is 18 years, unless a court orders otherwise. E.g. if a child was emancipated they would no longer be a subject of the parenting plan. Or if there is a sound reason for modifying the parenting plan, you could petition for modification, but that the child does not want to go is not enough. Don't just not send the child (that would put you in contempt).
Re: custodial
The age when a child can decide for himself is 18.
If a court finds that you failed to encourage the child to spend residential time with the other parent (and that would be vigorous encouragement) then you could be found in contempt of your parenting plan. That's very expensive and can land you in jail and if it happens twice in three years it *can* be a basis for a custody transfer.
So, don't sit back and make it the child's decision. It is NOT the child's decision.
Elizabeth Powell
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