Legal Question in Family Law in Washington

Legal age a child can choose what home they wish to live in

At what age can a child choose which parent they would prefer to live with? What forms need to be filed to change a this childs location?


Asked on 10/06/05, 8:35 am

2 Answers from Attorneys

James Vasquez In Pacta, PLLC

Re: Legal age a child can choose what home they wish to live in

A child can never choose which parent she wants to live with. However, a court may choose to listen to a child of 12 or more during a modification of the parenting plan. You would need to file a petition for modification of the parenting plan.

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Answered on 10/06/05, 2:16 pm
Christopher Steuart IT Forensics, Inc.

Re: Legal age a child can choose what home they wish to live in

I am going to assume that there is an existing parenting plan. In that event the parenting plan controls where the child lives. To change the plan requires a petition for modification of the parenting plan. Changing who the child lives with most of the time (and presumably the named custodian) is a major change and will require evidence of a change of circumstances. The child will be listened to at any age (by a Family Court Services investigator or GAL or CASA), but more weight will be given to the child's wishes as they mature, but the standard is always going to be "best interest of the child," and it can trump any request of the child. The reasons the child states will be as significant as the desire expressed.

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Answered on 10/06/05, 5:36 pm


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