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Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In Alabama, the court may consider a child's preference regarding which parent they would like to live with after a divorce or separation when the child is of sufficient age and maturity. While there is no specific age set by statute, it is commonly understood that the preference of a child 12 years or older will be given more weight. However, the child's choice is not determinative. The court's primary concern is the best interest of the child, and this standard will guide the court's decision. Factors that may be considered include the child's age, maturity, and the reasons for their preference, as well as other factors related to their well-being. This principle is generally reflected in the Alabama family law statutes, which guide custody decisions.

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Child custody

child's choice on where to live

Individual & Family Legal Plan

Articles

Alabama State Code

Alabama State Code

Child custody

child's choice on where to live

Articles