Wheeling, WV asked in Family Law for West Virginia

Q: At what age can a child choose whitch parent they want to live with?

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1 Lawyer Answer
William S. Adams
William S. Adams
  • Morgantown, WV
  • Licensed in West Virginia

A: In West Virginia, Code Section 48-9-402 provides that a court may modify custody to accommodate the reasonable and firm preferences of a child who has attained the age of 14. Thus, if the child has a clear preference to reside with one parent and can articulate a rational reason for that preference, a court will give significant deference to that child's preference, barring some demonstration of the other parent being unfit, neglectful, or abusive. I suggest that you contact a West Virginia Child Custody Attorney if you have further questions or want to discuss more details.

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