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Child Custody Preference Age in Washington

Washington names no age; in setting the residential schedule the court considers the wishes of a child who is sufficiently mature to express reasoned and independent preferences, as one factor.

Last checked . General information, not legal advice.

Washington at a glance

Age named in statute
No age named
Test is sufficient maturity.
How the preference is weighed
One factor if child is sufficiently mature
The strongest weight goes to the child's relationship with each parent (factor i).
Preference can be decisive
No, one factor among many

Sources

Last checked

The rules in Washington

At what age does a child's custody preference count in Washington?

Age named in statute in Washington: No age named. Test is sufficient maturity.

How do courts in Washington weigh a child's custody preference?

How the preference is weighed in Washington: One factor if child is sufficiently mature. The strongest weight goes to the child's relationship with each parent (factor i).

Can a child's preference decide custody in Washington?

No, one factor among many. Preference can be decisive in Washington: no, one factor among many.

Where do the Washington child custody preference laws come from?

The rules above come from RCW 26.09.187(3)(a)(vi). Each source is linked on this page. We last checked them in October 2026.

Good to know

RCW 26.09.187 was last amended in 2025 (2025 c 166); the child's wishes factor (3)(a)(vi) is unchanged.

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.