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 Oklahoma, 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, it is commonly understood that the preferences of children aged 12 and older are given more weight. However, the child's choice is just one of many factors the court will evaluate under the 'best interests of the child' standard, which is the overarching principle in these decisions. The court will also consider factors such as the parents' ability to provide for the child's needs, the stability of each home, the relationships with other family members, and the child's adjustment to school and community. The child's preference is not determinative, meaning the court is not obligated to follow it, especially if the court believes that the child's best interests are served by a different arrangement. The relevant statutes can be found in the Oklahoma Statutes, Title 43, which pertains to marriage and family.