Select your state

Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In Washington State, the court may consider a child's preference regarding which parent they wish to live with primarily during custody proceedings, but this is just one of many factors the court will evaluate. Washington law does not set a specific age at which a child's preference must be considered, but generally, the preferences of older and more mature children are given greater weight. The court's primary concern is the best interests of the child, which encompasses various factors such as the child's physical, emotional, and educational welfare. The child's preference is not determinative, meaning the court is not obligated to follow it if the court believes that doing so would not be in the child's best interests. The relevant statutes can be found in the Revised Code of Washington (RCW), particularly in the sections related to family law and child custody.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Child custody

child's choice on where to live

Individual & Family Legal Plan

Articles

Washington State Code

Washington State Code

Child custody

child's choice on where to live

Articles