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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 Kentucky, the court may consider a child's preference regarding which parent's home will be the child's primary residence after divorce or separation. While there is no specific age set by statute, the preference of a child is typically given more weight as the child gets older, especially when they reach their teenage years. Kentucky law does not mandate that the court must follow the child's preference; instead, the court will evaluate the child's choice in the context of the child's best interests. The child's preference is just one of many factors the court will consider under Kentucky's family law statutes, which aim to ensure that the custody arrangement serves the overall welfare and development of the child. The relevant statutes can be found in the Kentucky Revised Statutes (KRS), particularly in the sections dealing with dissolution of marriage and child custody.

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Child custody

child's choice on where to live

Individual & Family Legal Plan

Articles

Kentucky State Code

Kentucky State Code

Articles

Child custody

child's choice on where to live