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 Connecticut, the court may consider a child's preference regarding which parent's home will be the child's primary residence after a divorce or separation. While there is no specific age set by statute, the court typically begins to give weight to a child's preference when the child is sufficiently mature, which often aligns with the age range of 12-14 years. However, the child's preference is not determinative. The court's primary concern is the best interests of the child, and this standard will guide the court's decision-making process. Factors that may be considered include the child's age, maturity, the reason for the child's preference, and the overall ability of each parent to meet the child's needs. This approach is consistent with Connecticut's family law statutes, which prioritize the child's welfare in custody decisions.