Parenting during and after divorce comes with its own unique set of problems, which depend on your child’s age and the relationship you have with them. A common question parents have is whether their child gets to decide which parent they want to live with.
In Washington, the short answer is that there is no specific age at which a child can unilaterally decide which parent they want to live with. However, courts consider a child’s preference, especially as they get older.
Courts understand that many times, children want to live with the parent they deem as more fun and less strict, which is not always a good thing. The judge’s primary concern in your case is your child’s best interests.
Best interests of the child
To conclude what is best for the child, a judge will consider many factors, such as:
- The child’s relationship with each parent
- The arrangement that provides the child with the most stability
- The ability to maintain a healthy relationship
- If the child is 12 or older, a court may give more weight to their preference.
Generally speaking, custody arrangements tend to stay similar to how the family made it work before the divorce, although that is not always the case.
What if my teenager expresses a strong preference?
If you have a child who is 12 or older and expresses a strong preference toward living with one parent over the other in court, the judge may order a custody evaluation or appoint a guardian to assess the situation, understand the child’s point of view, and provide recommendations to the court.
If you are going through a custody battle or a divorce in which children are involved, know that you are not alone. We understand what you are going through and invite you to contact us so we can provide more clarity and guidance on this topic tailored to your specific situation.