How old does my child have to be before his or her custodial preference is taken into consideration?
According to Minnesota case law (Ross v. Ross, 477 N.W.2d 753 (Minn.App. 1991)), the preference of an “older teenage child” is supposed to be an “overwhelming consideration” with regard to custodial placement. The case itself cites a 1929 Minnesota case involving the preference of a 12 year old child; but, in reality, the age where the preference is really given weight appears to be 14. Other case law indicates, however, that the preference of an older child can be ignored if the preference is the product of manipulation (“I will purchase you a vehicle if you live with me”) or if the modification of physical custody is not otherwise in the child’s “best interests”.
