Can a child who is 12 years of age or older decide with which parent he or she wants to live?
No. As of September 1, 2009, a child who is 12 years of age or older may no longer file a written preference with the court choosing with which parent he or she wants to live. However, the child may still express a preference, which the court may take into consideration in making a determination as to what custody arrangement will promote his or her best interests.
