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 Ohio, 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, the court typically begins to give weight to a child's preference when the child is mature enough to express an informed opinion, which is often around the ages of 12 to 14 years. However, the child's preference is just one of many factors the court will evaluate under Ohio's 'best interest of the child' standard, as outlined in Ohio Revised Code Section 3109.04. The court will assess factors such as the child's adjustment to home, school, and community, the mental and physical health of all parties involved, and the parents' willingness to facilitate a loving relationship between the child and the other parent. The older and more mature the child is, the more influence their preference may have, but the court is not obligated to follow the child's wishes if it determines that doing so would not be in the child's best interests.