Legal Question in Family Law in Virginia
my son
how old does my son have to be to go to court and say that he wants to go live with his dad. And do I have the right to say no if he says he wants to go live with him. Or do I have to let him make his own decision. Is he old enough to make that decision and be able to fufill it?
2 Answers from Attorneys
Re: my son
The court charged with deciding this issue will give some weight to the child's wishes(gradated by the usual factors of age, maturity, educational background, etc.), but ultimately will base its decison upon what it perceives and therefore determines to be in this particular child's proverbial best inerests.
Re: my son
The factors which the court is statutorily bound to consider in making a best interests custody determination for a given child can be found at Sec. 20-124.3 of the Code of Virginia.
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