There’s little doubt that divorce is hard for children. They typically love both their parents and want both of them in their lives. However, they sometimes express a preference for where they want their primary residence to be.
This leads to parents asking whether their child can have a say in matters involving custody. The answer isn’t necessarily straightforward.
There is no “magic age”
Like most states, Virginia doesn’t have a law that allows a child to choose where they live simply because they have reached a certain birthday.
Instead, the courts may consider a child’s preference if the judge believes they have the intelligence, understanding, age and experience to express an informed opinion. Generally, teen’s wishes may receive more consideration than those of a younger child.
Still, even a mature child’s preference doesn’t automatically determine the outcome. The judge will also consider whether pressure, manipulation or promises from either parent may have influenced the child’s choice.
No matter how old or mature a child is, the courts will always base their custody decisions on what they consider to be in the child’s best interests. Multiple factors go into their determination, including:
- The child’s relationships with siblings and other family members
- Each parent’s ability to support the child’s relationship with their other parent
- The physical and mental health of each parent
- The relationship between each parent and the child
If parents can negotiate a custody agreement with the help of their legal representatives, possibly with the input of their child, they likely won’t have to worry about their child having to talk to a judge. Having experienced legal guidance can help you understand your options and pursue a solution that is in your child’s best interests.
