In most cases, a child can legally choose which parent to live with, or where they wish to live, once they are legal adults and reach the age of 18. Washington State law does not ever recognize an age when a child can choose which parent to live with. It is never the child’s choice in Washington State.
Courts may consider the child’s statements via a custody evaluation where they speak to an evaluator like a Guardian Ad Litem or Parenting Evaluator, especially if the child is older and can articulate their concerns, but it is never the sole factor in determining where the child will live.
Family decisions between divorced or separated parents are never easy. Our Seattle child custody lawyers have over 180 years of legal experience. We can help you take the right steps to protect your child and your rights as a parent. Call today to schedule your consultation.
What Factors Do Courts Consider When Deciding Custody?
While the child does not have a direct voice in the matter, family courts consider many other factors when deciding custody. The overarching goal is always to find a living arrangement that is in the child’s best interests. Some of the things the court considers may include:
- The child’s emotional and physical needs
- Each parent’s ability to care for their child
- The child’s relationship with each parent
- A history of family violence or abuse
- The child’s adjustment to home, school, and community
Parenting plans and each parent’s willingness to nurture the child’s relationship with the other parent are also considered. Each case is unique, and no single factor automatically decides custody or what is in a specific child’s best interests.
How Much Weight Does a Child’s Preference Carry in Custody Decisions?
Regardless of their age, a child’s preference is not a specific factor a court will consider directly. However, their voice in an evaluation may be one factor among many that a judge may consider when making custody decisions.
Does the Type of Custody Affect the Child’s Say?
Yes, the type of custody can affect how much the child’s preference matters when deciding where they want to live. In sole custody cases, the court may choose the parent who can provide the most stable environment, regardless of the child’s personal choice.
Ultimately, the judge will determine where the child will live while considering each parent’s wishes and the type of custody, but always with the needs and best interests of the child at the forefront.
Can Custody Orders Be Modified Later?
Custody orders in Washington State can be modified when there is a substantial change in circumstances affecting the child’s well-being. A parent must ask the Family Court to review the existing parenting plan and show that the change is significant.
In general, courts do not consider changes to custody arrangements lightly. Before moving forward, consult with our attorneys who can help you understand the legal challenges and how to take the appropriate steps.
What Happens if a Child Refuses to Visit One Parent?
If a child refuses to visit a parent, courts in Washington State will want to know why. Before making a contempt finding and enforcing the custody order, they will evaluate the reason behind the refusal and whether the other parent tried to make the visit happen despite the child’s refusal.
Judges may consider the child’s age and emotional state, and look for underlying conflicts and safety reasons that the child may refuse, and the parent may decide not to follow the parenting plan schedule.
In some circumstances, courts may order counseling, mediation, or gradual visitation to address the child’s refusal. Enforcement measures, such as contempt orders, are used in some cases when one parent does not try to facilitate the visitation and there is no legitimate concern.
Get Help Choosing When a Child Can Decide Where They Want to Live
There are no laws in Washington State that allow a child to choose which parent they want to live with, and their wishes are not considered in custody arrangements. However, the court does consider many other factors with the intention of providing the best possible living arrangements.
As a parent, of course, you want what is best for your child. If you believe that means living with you, our attorneys can help you take the right legal steps to show the court that your home provides a safe and nurturing place for your child to grow up.
At Dellino Family Law, we have been serving parents and their families since 2013. Call today to schedule a consultation and find out why you should work with our firm.
