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 Montana, the court may consider a child's preference regarding which parent's home will be the child's primary residence after a divorce or separation. While there is no specific age set by statute, the preference of a child of sufficient age and maturity may be taken into account. This is typically when the child is around 12-14 years old, but the court has discretion to determine if a child younger than that is mature enough to express a reasoned preference. The child's choice is not determinative; the court will weigh the child's preference against other factors outlined in Montana's family law statutes to determine the best interests of the child. These factors include the wishes of the parents, the child's adjustment to home, school, and community, and the mental and physical health of all individuals involved, among others. The relevant statutes can be found in the Montana Code Annotated, particularly in Title 40, which pertains to family law.