Legal Question in Family Law in Virginia

Age for child to decide who they live with

QUESTION #1:

What is the age for a child in Virginia to decide who they want to live with?

QUESTION #2:

I have joint custody.

By petitioning the court for a change in custody, will that action stop my ex-wife from moving to another state?

Please help!!!

Thanks

Matt


Asked on 12/06/06, 3:16 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Age for child to decide who they live with

There is no predetermined set age for a particular child and the child's preferences which a court must recognize as binding upon its decision on this issue but generally a court will accord some weight to such child preferences in consideration with other relevant factors as the child approaches or when he or she first attains teenage status.(Roughly ages 12-14).

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Answered on 12/07/06, 5:46 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Age for child to decide who they live with

Answer to Ques. #2: No, your pending custody suit will not stop your wife herself from moving to another state, but it will prevent her from moving your child from the state until the custody matter is resolved.

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Answered on 12/07/06, 5:52 pm


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