My child wants to live with me, but currently lives with my spouse. Will the court consider my child’s wishes in determining custody?

In Virginia, the "best interests of the child" factors include the reasonable preference of the child, assuming that child is of sufficient age, intellect and maturity to fairly assess what is in his/her best interests. There is no specific age or criteria of maturity set forth by law. Usually the court will be more receptive to children as they approach their teen years, but, depending on the facts, a court may agree to hear from a younger child or refuse to consider the wishes of an older child.