Legal Question in Family Law in Washington

Third Party Custody suit

1. What is the minimum age in the state of washington for a child to either speak to a judge in closed chambers or voice their desire as to which party they would rather reside with.


Asked on 6/07/07, 3:05 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Third Party Custody suit

Although the statute provides for a child and a judge to talk, in actual practice it is very rare.

What happens is that a Guardian ad Litem or a parenting investigator is appointed to talk to the child, talk to the adults and the collateral contacts such as the child's schoolteachers and/or social contacts. The guardian ad litem is tasked with reporting back to the Court what the other adults related to him or her.

Putting the burden on the child is considered psychologically damaging. Children love both their parents, no matter how unfit they could be. Children derive their identities from their primary attachments and being forced to disclose to a stranger which parent they 'prefer', usually based on what somebody is telling them to say, is considered very bad for them.

Hope that answers your question. Elizabeth Powell

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Answered on 6/07/07, 9:46 am


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