Legal Question in Family Law in Virginia

Child custody

What is the legal age for a child to decide who she wants to live with?


Asked on 1/09/04, 7:21 am

2 Answers from Attorneys

Wayne Comer Wayne E. Comer, Esquire

Re: Child custody

The age which a child's preference is given consideration will vary from case to case depending on the amount of maturity which is perceived by the Judge. In one of my cases, where other factors were fairly well balanced, the Judge gave some weight to the preference of a child of seven years of age. In any event I am sure that the foregoing example is about as low an age level as a court will ever go.

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Answered on 1/10/04, 11:55 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Child custody

In determining placement, Courts will begin to give weight to a child's wishes as to whom she or he wishes to live with, generally, at around ages 12 to 13.

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Answered on 1/09/04, 9:09 am


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