Does a Teenager's Preference Matter? How GALs Weigh Children's Wishes

Process guide · By GAL eRegistry Research · 2026-04-03 · 8 min read

Does a Teenager's Preference Matter? How GALs Weigh Children's Wishes — Essential guide for Washington State families.

In Washington State family law cases, especially those involving child custody, parents often wonder how much their child's voice truly matters. When a Guardian ad Litem (GAL) is appointed, their role is to investigate and make recommendations to the court regarding the child's best interests. A crucial part of this investigation involves understanding the child's preferences. But how do GALs weigh a teenager's wishes against other factors? This article delves into the nuances of child preference in Washington State and outlines how GALs approach this sensitive aspect of their duties.

The Role of a Guardian ad Litem in Washington State

A Guardian ad Litem (GAL) is an impartial investigator appointed by the court to represent the best interests of a child in family law matters. Their primary duty is to conduct a thorough, independent investigation and provide a report and recommendations to the court. This investigation typically includes:

Interviewing parents, children, and other relevant individuals (teachers, therapists, doctors). Reviewing school records, medical records, and mental health evaluations. Visiting homes. Assessing the overall family dynamic and safety of the child.

Ultimately, the GAL's recommendations are aimed at helping the court make decisions that promote the child's well-being, safety, and healthy development. For parents navigating these complex proceedings, understanding the GAL's process is vital. You can find more information about GALs in your area through our GAL Directory.

Child Preference vs. Best Interests: A Key Distinction

It's important to understand that a child's "preference" is not always synonymous with their "best interests." While a child might strongly prefer one parent, this preference could be influenced by various factors, including:

Short-term desires: A child might prefer the parent who is less strict or offers more immediate gratification. Parental influence or manipulation: Unfortunately, some parents may indirectly or directly try to sway a child's opinion. Fear or anxiety: A child might express a preference out of fear of a parent's reaction or abandonment. Lack of understanding: Younger children, especially, may not fully grasp the long-term implications of their choices.

The GAL's job is not simply to rubber-stamp a child's stated preference but to contextualize it within the broader framework of their best interests. The court's decisions, and thus the GAL's recommendations, must always prioritize the child's best interests, as defined by Washington State law.

When Does a Child's Preference Get Official Consideration?

Washington State law explicitly addresses the consideration of a child's wishes in custody determinations. While specific ages aren't always strict cut-offs, the law generally recognizes that older, mature children's preferences carry more weight.

RCW 26.09.187 (Factors for Custody Decisions): This statute outlines the factors a court considers when establishing a parenting plan. Among these factors is:

"The wishes of the child if the child is mature enough to express an intelligent preference."

Crucially, RCW 26.12.175 and RCW 26.12.177 provide specific guidelines regarding how children's statements, including their preferences, are handled within the court process when a GAL or attorney is involved.

RCW 26.12.175 (Confidentiality and Disclosure): This statute addresses the confidentiality of a child's statements made to a GAL or attorney, and when those statements can be disclosed to the court. It strives to balance the need for the child to speak freely with the court's need for information. A key provision states that "Statements made by a child to a guardian ad litem shall not be subject to discovery except that the guardian ad litem may, in the discretion of the guardian ad litem, share with the court and all parties to the action any statements made by the child that the guardian ad litem believes are relevant to the child's best interests." This gives the GAL significant discretion in how and what information about a child's preferences is presented.

RCW 26.12.177 (Child's Testimony): This statute allows the court, under certain circumstances, to interview children in chambers, but it highly disfavors direct testimony from children in open court. It emphasizes that a child's direct testimony should be avoided unless absolutely necessary, and it reiterates the importance of the child's statements being presented through the GAL or attorney whenever possible. This protection aims to shield the child from the adversarial nature of court proceedings.

How GALs Assess a Teenager's Preferences

For teenagers, especially those aged 12 and above, their preferences are generally given greater consideration due to their developing maturity and ability to articulate reasons for their choices. However, GALs don't just take a teenager's word at face value. They employ a nuanced approach:

1. Direct Interview: The GAL will interview the teenager, often multiple times, in a neutral and private setting. They will ask open-ended questions about their living situation, relationships with both parents, school, friends, and their hopes for the future. The GAL will listen carefully not just to what the teen says, but how they say it. 2. Reasoning Behind the Preference: A mature preference is usually accompanied by well-articulated reasons. Does the teen explain why they prefer one parent over another? Are these reasons logical and congruent with observable facts? For example, "I want to live with Mom because she lets me stay up late" might carry less weight than "I feel safer and more supported academically with Dad, and he helps me manage my anxiety." 3. Consistency: Has the teenager consistently expressed this preference, or does it fluctuate? Inconsistent preferences might suggest external influence or transient emotions. 4. Absence of Undue Influence: The GAL will assess whether the preference appears to be genuinely the child's own, or if there's evidence of a parent attempting to coach, manipulate, or alienate the child from the other parent. This is a critical and complex area of investigation. 5. Child's Developmental Stage: Even within the teenage years, there's a wide range of maturity. A 13-year-old's preferences might be weighed differently than a 17-year-old's, simply due to differences in cognitive and emotional development. 6. Safety and Well-being: Most importantly, the GAL will compare the teenager's stated preference against all other gathered information regarding the child's safety, physical health, mental health, and overall well-being. If a preference directly contradicts clear evidence of what is genuinely in their best interest (e.g., wanting to live with an abusive parent), the GAL will not recommend that preference.

Practical Advice for Parents

1. Encourage Open Communication: Foster an environment where your teenager feels comfortable expressing their feelings and preferences to you. However, do not pressure them to choose sides or disparage the other parent. 2. Respect the GAL's Role: The GAL is there to help your child. Cooperate fully with their investigation, provide requested documents promptly, and answer questions honestly. Avoid coaching your child or telling them what to say to the GAL. This can be counterproductive and undermine your credibility. 3. Focus on Best Interests: Throughout the process, articulate to the GAL and the court how your proposed parenting plan aligns with your child's best interests – not just your own. 4. Prepare for a Recommendation You Disagree With: Even if your teenager expresses a preference to live primarily with you, the GAL might recommend otherwise based on their comprehensive investigation into the child's overall best interests. Be prepared to understand and address the GAL's reasoning. 5. Consider a Child's Attorney: In some complex, high-conflict cases, a court may appoint an attorney for a child (known as an attorney for the child or "AFC") in addition to, or instead of, a GAL. An AFC's role is to advocate directly for the child's expressed legal wishes, rather than their best interests as determined by the attorney. This is a different role than a GAL, who makes an independent determination of best interests. If you have questions about whether an AFC is appropriate for your case, discuss it with your attorney.

Key Takeaways

GALs are impartial investigators focused on a child's best interests, not solely their preferences. Washington State law (RCW 26.09.187) considers a child's "intelligent preference," giving more weight to older, mature children. RCW 26.12.175 and 26.12.177 protect children by controlling how and when their statements and preferences are disclosed and emphasizing GAL testimony over direct child testimony in open court. GALs thoroughly assess a teenager's preference by looking at their reasoning, consistency, developmental stage, and absence of undue influence. A teenager's preference is one factor among many that a GAL considers when formulating recommendations for the court. Parents should cooperate with the GAL and focus on demonstrating how their proposals serve the child's holistic well-being. Seek legal counsel to understand how child preference and GAL recommendations might impact your specific case. You may also find our Training Resources helpful for additional information.

Understanding how GALs navigate the complexities of a child's preferences is crucial for any parent involved in a Washington State custody dispute. While a teenager's voice is important, it is always balanced against a comprehensive assessment of their ultimate best interests. This meticulous process aims to ensure that court decisions genuinely support the child's long-term health and happiness.