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 Mississippi, 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, it is generally recognized that the preference of a child of sufficient age and maturity should be taken into account. This is typically around the age of 12 or older, but the court has the discretion to determine if a child is of suitable age and maturity to express a preference. The child's choice is not determinative; the court will weigh the child's preference along with other factors to determine what is in the best interests of the child. These factors include the parents' ability to provide for the child's needs, the stability of each home, the parents' moral fitness, and the child's health and safety, among others. The relevant statutes are found in the Mississippi Code, particularly within sections dealing with child custody and family law matters.