Select your state

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 New Mexico, the court may consider a child's preference regarding their primary residence in custody cases once the child is sufficiently mature. Although there is no specific age set by statute, it is commonly understood that children around the age of 14 may be given more weight to their preference, but this can vary depending on the individual circumstances and the child's maturity. The court's primary consideration, however, is the best interest of the child, which encompasses various factors such as the child's safety, welfare, and overall well-being. The child's preference is just one of many factors the court will consider, and it is not determinative. The relevant statutes can be found in the New Mexico Statutes Annotated, particularly within the sections pertaining to domestic relations and family law.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Child custody

child's choice on where to live

Individual & Family Legal Plan

Articles

New-Mexico State Code

New-Mexico State Code

Child custody

child's choice on where to live

Articles