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 Utah, the court may consider a child's preference regarding which parent's home will be the child's primary residence during custody decisions, particularly when the child is sufficiently mature. Although there is no specific age set by statute, the preference of a child who is at least 14 years old is generally given more weight. However, the court is not bound to follow the child's preference. The child's choice is just one of many factors the court will consider under Utah's family law statutes. The court's primary concern is the best interests of the child, which encompasses various factors such as the parents' moral character, the child's emotional and physical needs, and the stability of the respective home environments. The relevant statutes can be found in the Utah Code, particularly in Title 30, Husband and Wife, and Title 78B, Judicial Code, which address child custody matters.

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

Utah State Code

Utah State Code

Child custody

child's choice on where to live

Articles