Wa state child custody. What age can child choose who they live with?
Tacoma, WA
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Posted 2 months ago in Child Custody
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My 16 yr old daughter no longer wants to live with her mother. My ex-wife and I have been divorced for two years.
What is the process for her to register her preference? Do i need to submit soemthing for a change in custody? Does she need to do anything other than say who she wants to live with. Answers (1)Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 2 months ago.
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There is no magic age when children get to decide where to live. The best interest of the child is the standard.
The law regarding a child's 'right'* to choose is a matter for each State and jurisdiction. The judge in most states, not the child, makes the decision based on the best interest of the child. Although not a standard by any means, many states have begun to give 'consideration' to a child's declaration of custodial preference when the child reaches the age of twelve or thirteen, sometimes fourteen. There are even cases when children of age 9 are allowed to testify. The judge is normally given almost unlimited latitude in whether or not she or he listens to a child and how much weight to give to the child's wishes. In short, there is no specific "age" but the younger the child the less likely for a judge to give the stated preference much weight. Because the minor is 16 there is a chance that her wishes may be considered. You can miss and say the wrong things if you are not represented by an advocate as your attorney. For this custody change argument, get an attorney. You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer No one online can know what is going on in her situation because online we cannot find out any details about the 16 year-old. You need a lawyer to fashion a "best interest of the child" argument. Check with a lawyer in your locale to discuss more of the details. Good luck to you. God bless. Good luck to you. NOTE: This answer is made available by the non-WA lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed WA professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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