Legal Question in Family Law in Washington

My husband and I seperated 3 1/2 years ago. My daughter went to live with him and my son stayed with me by their choice. Now both my kids want to leave with me permanently because their dad is emotionally abusive towards them. I'm going to try and ask him for custody but I know he will say no because he does not want to have to pay me child support. Do I have any chance of getting custody of my daughter if she wants to live with me? My daughter is 14 and my son is 12 and I thought they were allowed to decide for themselves. Is this true? And what happens if their dad says no?


Asked on 8/18/11, 12:23 pm

1 Answer from Attorneys
Jonathan Baner Baner & Baner

Children do not decide parenting plans - Judges do. Even better, parents agree on a schedule because they will make the best decisions (even if it's cumbersome and a bit ugly).

However, judge may hear children's requests and take them into consideration. Generally, the older and more mature the child the more consideration the judge is expected to give their wishes. I don't know if that is actually the case, but that seems to be the understanding.

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Answered on 8/22/11, 10:27 pm


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