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 Massachusetts, the court takes into account a child's preference regarding which parent's home will be the primary residence after divorce or separation, but there is no specific age defined by statute at which a child's preference must be considered. The child's preference is one of many factors the court evaluates under the 'best interests of the child' standard, which is the overarching principle in determining child custody arrangements. The older and more mature the child is, the more weight the court may give to their preference. However, the court is not bound to follow the child's wishes and will consider other factors such as the parents' ability to provide for the child's needs, the stability of each home, the child's adjustment to the community and school, and the relationship with each parent. These factors are outlined in the Massachusetts General Laws, particularly in the sections dealing with domestic relations and child custody.