Legal Question in Family Law in Washington

There is no law in Washington that says when a child can select which parent to live with. In cases where a conflict arises between the parents or a child and a parent about where the child should live, the parents are allowed to give their input on what should happen via their attorneys and their input to either a parenting evaluator or a guardian ad litem, either of whom would then provide a written report with their recommendations on what should happen to the Court.

Depending on the child's age, they are often interviewed and asked about their preferences by a parenting evaluator or a guardian ad litem (who often perform similar functions but there are some differences in their roles). The parenting evaluator or guardian ad litem takes into account the child's views, and depending on how mature the child is and the basis for their choice, given more or less weight accordingly.

Thus, a 15 year old who says they want to live with mom or dad because that parent lets them go out late on weeknights while the other parent forces them home and only allows them to stay out late on Friday and Saturday nights is probably not going to get their wish on which parent to live with, all other things being equal. On the other hand, a 15 year old who wants to live with mom or dad because they live in a school district that has a really good music program and the child is a prodigy cello player, is probably going to get their wish, all other things being equal.

It comes down to the specific facts of each case, as well as the players in a given case. The judge or commissioner, the attorneys, the parenting evaluator or guardian ad litem, the child, and the parents. All of them interact and any of them can influence a case's outcome. Bottom line: Washington does not offer a child a choice of where to go at any age and then end the analysis there, unless the parents agree on the child's choice.