Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.
But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.
The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.
In Texas, the Family Code allows a child who is 12 years old or older to express to the court a preference regarding which parent the child wishes to live with primarily. This is typically done through an interview conducted by the judge in chambers. However, the child's preference is just one factor the court considers and is not determinative. The court's primary concern is the best interest of the child, and it will also evaluate other factors such as each parent's ability to provide for the child's physical and emotional needs, the stability of each home, and the parents' willingness to support the child's relationship with the other parent. The older and more mature the child is, the more weight the court may give to the child's preference, but it is always within the context of the overall assessment of what will best serve the child's welfare.
