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 Maryland, the court may consider a child's preference regarding which parent's home will be the child's primary residence during custody decisions, particularly when the child is sufficiently mature. Although there is no specific age set by statute, it is commonly understood that the preferences of children around the age of 12 to 14 may be given more weight. However, the child's preference is just one of many factors the court will evaluate under the 'best interests of the child' standard, which is the overarching principle in Maryland's family law. The court will also consider factors such as the parents' ability to provide for the child's physical and emotional needs, the stability of each parent's home environment, the child's relationship with each parent, and the child's adjustment to school and community. The child's choice is not determinative, and the court is not obligated to follow it if the child's preference is not in their best interests.