Can a child decide which parent to live with?

At what age can my child decide who he or she wants to live with?

The child does not make the decision of where he or she lives. This is a decision to be made by the parents, and if they cannot agree, it is made by the judge. However, upon a written request to the Court, the judge must interview a child 12 years or older and may, in the Court’s discretion, interview a child under 12 years of age, in the judge’s chambers to determine the child’s wishes as to the person to have the right to decide where the child lives. The interview with the child is only one factor for the judge to take into consideration in deciding who the child is to live with. The ultimate guideline for the Court is the best interest of the child.

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