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 Nebraska, 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 stated in the statutes, it is generally understood that the preference of a child of sufficient age and maturity may be taken into account. This is in line with Nebraska's policy to ensure the best interests of the child are served in custody decisions. The child's preference is just one of many factors the court will consider, and it is not determinative. The older and more mature the child, the more weight the court may give to their preference. However, the court is not bound to follow the child's wishes and will assess all relevant factors, including the child's preference, to determine the custody arrangement that best serves the child's welfare and stability. These considerations are typically found in the Nebraska Revised Statutes under sections dealing with domestic relations and family law.