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WV child custody question
My 16-yr-old stepdaughter has asked to live with her dad and me. We filed for a modification hearing, which is next week. There are good reasons to get her out of her mother's house, but she does not want her mom to get in trouble. My question is: Can a 16-yr-old choose where he or she gets to live in the state of WV? Supporting documentation from a WV statute or case somewhere will get you the tip. Thanks!
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WV code provides that a custody agreement may be modified if the modification is in the child's best interests and " Is necessary to accommodate the reasonable and firm preferences of a child who has attained the age of fourteen." The relevant section in whole is linked below.
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I picked your answer cause you came up with the code a bit sooner, but I also thank cyberangel for trying so hard to help.
That's correct. No law like that exists, because the law is written to prevent children from being in abusive or dangerous situations, even if they want to live in them. There is always a reliance on "the best interests"
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Although most states treat a child's wishes as only one factor to be considered, two states (Georgia and West Virginia) declare that a child of fourteen has an "absolute right" to choose the parent with whom the child will live, as long as the parent is fit.
Guide to Family Law
Copyright © 1996, 2000 American Bar Association
Guide to Family Law
Copyright © 1996, 2000 American Bar Association
"Absolute right" is stretching it quite a bit. As the code I link to below says, they give a lot of deference to the child's wishes over 14, but the court could still deny the change if it is not "in the child's best interests"
Concerning "Absolute Right"
The site I listed quotes the "Guide to Family Law" Copyright © 1996, 2000 American Bar Association
I am reading through the WV Code...
I found this in WVC 49 - 6 - 5
"Notwithstanding any other provision of this article, the court shall give consideration to the wishes of a child fourteen years of age or older or otherwise of an age of discretion as determined by the court regarding the permanent termination of parental rights."
...Still reading...
The site I listed quotes the "Guide to Family Law" Copyright © 1996, 2000 American Bar Association
I am reading through the WV Code...
I found this in WVC 49 - 6 - 5
"Notwithstanding any other provision of this article, the court shall give consideration to the wishes of a child fourteen years of age or older or otherwise of an age of discretion as determined by the court regarding the permanent termination of parental rights."
...Still reading...
Found it...
§48-9-206. Allocation of custodial responsibility.
(2) To accommodate the firm and reasonable preferences of a child who is fourteen years of age or older, and with regard to a child under fourteen years of age, but sufficiently matured that he or she can intelligently express a voluntary preference for one parent, to give that preference such weight as circumstances warrant;
http://www.legis.state.wv.us/WVCODE/48/code/WVC%2048%20%20-%20%209%20%20-%20206%20%20.htm
The statute I found concerning custody doesn't use the word "absolute" as the Guide to Family Law did; however, I find it hard to believe that the American Bar Association would print something that was "absolutely" incorrect.
It definitely looks to be in your step-daughters favor. Good luck with your hearing next week.
§48-9-206. Allocation of custodial responsibility.
(2) To accommodate the firm and reasonable preferences of a child who is fourteen years of age or older, and with regard to a child under fourteen years of age, but sufficiently matured that he or she can intelligently express a voluntary preference for one parent, to give that preference such weight as circumstances warrant;
http://www.legis.state.wv.us/WVCODE/48/code/WVC%2048%20%20-%20%209%20%20-%20206%20%20.htm
The statute I found concerning custody doesn't use the word "absolute" as the Guide to Family Law did; however, I find it hard to believe that the American Bar Association would print something that was "absolutely" incorrect.
It definitely looks to be in your step-daughters favor. Good luck with your hearing next week.
You said she did not want to get her mom in trouble... I ran across this earlier, in reference to a Judge interviewing a child in his chambers.
"No person shall obtain or attempt to obtain from a child a written or recorded statement or affidavit setting forth the wishes and concerns of the child".
"No person shall obtain or attempt to obtain from a child a written or recorded statement or affidavit setting forth the wishes and concerns of the child".
The child can choose which parent to live with once they are 13.
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