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 Arkansas, the preference of the child regarding which parent's home will be the primary residence after divorce is taken into consideration by the court, but it is not the sole determining factor. Arkansas law does not specify a particular age at which a child's preference must be considered, but generally, as the child gets older, their preference is given more weight. The court's primary concern is the best interest of the child, which encompasses various factors including the child's preference, the parents' ability to provide for the child's needs, the child's adjustment to home, school, and community, and the mental and physical health of all individuals involved. The relevant statutes can be found in the Arkansas Code under Title 9, which pertains to Family Law. It is important to note that while a child's preference is influential, especially as they approach their teenage years, the court has the discretion to make a custody determination that it deems to be in the best interest of the child, regardless of the child's preference.