In Minnesota, can children decide where they want to live at age 14?
This is a question that I am asked more frequently than others given my experience in custody and parenting time cases. In Minnesota, there is no “magic” age for a child to express a preference for custody and/or parenting time. The law states that a child must be of sufficient age (and maturity) to express a reasonable preference. It is important to remember that even if a child is at a sufficient age and mature enough to express a reasonable preference; it is one of the 13 factors in the “best interests” analysis. A “reasonable” preference is generally interpreted as a preference that is independent, supported by valid reasons and not unduly influenced by a parent or third party seeking custody or parenting time. I have had cases where preferences of children as young as 12 have been considered and cases where children as old as 15 have not been considered. The law in Minnesota recognizes that the preference, if any, of an older teenage child is a highly significant factor in decidin
