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At any age the child can make his/her wishes known to the Court. Until the child is emancipated, it is up to the Court to decide with whom he/she will reside. Although the Court takes the wishes of the child strongly into consideration, it is still the Court's discretion. Many people believe that at the age of 14 a child can pick a parent, but that's not factual. It is completely at the discretion of the Court.

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A child is free to make that decision only after they reach eighteen years of age. Under eighteen years of age the child gets to decide if all the interested parties are in agreement. The agreement can form the basis for modification of the custody order.

If the parties do not agree then it will be up to a judge. The judge will consider a child's request but is not required to hear it nor obligated to honor it. The judge will render a decision that she/he has determined to be in the child's best interest. Judges consider a wide array of factors since children and parents who disagree over this issue are viewing it emotionally rather than rationally. You can read more at the related link.

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13y ago

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