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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 North Carolina, the court may consider a child's preference regarding which parent's home will be the child's primary residence during custody proceedings, particularly when the child is of sufficient age and maturity. While there is no specific age set by statute, it is commonly understood that the preferences of children aged 12 and older may be given more weight. However, the child's preference is just one of many factors the court will evaluate. The primary concern for the court is the best interests of the child, which encompasses various factors such as the child's safety, welfare, and overall well-being. The court will assess the child's preference in the context of these broader considerations. North Carolina's family law statutes, particularly Chapter 50 of the North Carolina General Statutes, provide guidance on matters of child custody and the factors the court must consider.

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Child custody

child's choice on where to live

As a LegalFix Member You Will Be an Important Client of Local Law Firms

Articles

North-Carolina State Code

North-Carolina State Code

Child custody

child's choice on where to live

Articles