Legal Question in Family Law in West Virginia

At what age can a child choose which parent to live with.

Hello, Im in Winchester, Va. And my child is living with his mother in Inwood,WV. Im paying childsupport by court order, but neither one of us have custody by court order. At what age can he choose which parent to live with? He wants to live with me and I want that also. What would I have to do, as far as court rules,etc.,if he says he wants to live with me?

Asked on 9/14/02, 8:07 pm

2 Answers from Attorneys

Elizabeth Jones Elizabeth Ann Jones, P.C.
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Re: At what age can a child choose which parent to live with.

WV law would govern this. I am not a member of the WV bar. In VA, there is no hard and fast rule on the age a child's preference is taken into account. Generally, the courts may be willing to listen to a child who is older than 13.

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Answered on 9/17/02, 10:52 am
Wayne Comer Wayne E. Comer, Esquire
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Re: At what age can a child choose which parent to live with.

HELLO: I have recieve your inquiry and would be pleased to address it. However, I will have to get back to you as soon as I possibly can.

Thanks,

W. Comer, Esq. However, upon just reading the CAPTION OF YOUR LETTER and prelim answer: The ageof majority in Va. is 18. And at a younger age the residence of the child becomes difficult to enforce in respect to court decrees, etc.

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Answered on 9/24/02, 10:52 am

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