When parents go their separate ways, one of the most challenging issues to resolve can be child custody. In some cases, the child may express a preference about which parent they want to live with. Can a child decide which parent to live with in a Virginia custody dispute?
What goes into a custody decision in Virginia?
Virginia law lists several factors that courts must consider when making custody decisions. These factors include the age and health of the child, the relationships that the child has with each parent as well as other family and friends, each parent’s role in the child’s life and other details.
In addition to these aspects of a child’s life, the court may consider the preference of the child. While a child’s preference is not the sole factor, it can have some weight in the decision-making process.
Is there a specific age when a child can weigh in on a custody decision?
Some states set a specific age at which a child can weigh in on their custody arrangement. In Virginia, though, there is no fixed age at which the court will consider a child’s choice.
Instead, a child’s preference might be a factor in a custody decision if the court decides that the child has the intelligence, maturity and understanding to make an informed decision. The amount that the court considers this opinion can also depend on the quality of the reasons they provide for their preference.
For example, the court would usually give a teenager’s preference more consideration than that of a younger child because of their maturity and experience. However, a teenager whose preference is based on their connection to the parent they want to live with might have more weight than a teenager who wants to live with one parent because they are more permissive.
Ultimately, custody decisions are always based on what arrangement best serves the child’s interests. While the child can express an opinion, the role of that opinion depends on their situation. Understanding this aspect of child custody and their legal rights can empower parents to advocate for their child’s needs and reach a custody arrangement that supports them after divorce.