It is commonly believed that children have the right to choose which parent to stay with once they are mature or old enough, but this is untrue. In Washington, even if a child may feel confident in their choice, custody is a much more complicated and delicate situation than one would think.
Under normal circumstances, children cannot choose which parent they want to live with. The decision ultimately falls to the court unless the child comes of age or becomes emancipated by marrying someone, enlisting in the military, or filing a petition to be recognized as an adult.
However, this does not mean that children cannot make appeals and influence the court’s decision. This is because the court can make exceptions and consider a child’s opinion if they have proved themselves to be mature enough.
When is a child mature enough for their opinion to matter in court?
In Washington, there are many factors that the court considers when determining whether or not a child is mature enough to make serious decisions for themselves. Sometimes, the judge or a custody evaluator will have a word with the child in private to learn of their preferences.
Such maturity is often gauged by how articulate they are with their feelings or whether or not they can see past a parent’s attempts to manipulate their choice. Their ability to understand their situation as a child of divorced parents is also a critical factor in determining their maturity, as it proves they can choose beyond what is “fun” or entertaining.
Seeking legal guidance
Making sense of Washington laws concerning child custody can be difficult without the help of a legal professional. Many parents turn to their attorneys for assistance to improve their understanding of complex laws as well as their rights.
