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 Iowa, the court may consider a child's preference regarding which parent's home will be the child's primary residence after a divorce or custody dispute. While there is no specific age defined in the statutes, it is generally understood that the preferences of older children, particularly those around 12-14 years of age, are given more weight. However, the child's preference is just one of several factors the court will evaluate under Iowa Code Section 598.41, which governs custody determinations. The court's primary consideration is the best interest of the child, which encompasses the child's safety, stability, and overall welfare. Factors such as the parents' ability to provide care, the child's psychological and emotional needs, and the child's relationship with each parent are also taken into account. The court is not obligated to follow the child's preference if it determines that doing so would not be in the child's best interest.