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 West Virginia, the court may consider a child's preference regarding which parent's home will be the child's primary residence during custody proceedings, particularly when the child is of sufficient age and maturity. 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 preference is just one of many factors the court will evaluate under West Virginia Code §48-9-206, which outlines the factors for determining the best interests of the child. The court's primary concern is the child's best interests, and the child's preference will not be the sole determining factor. The court will also consider factors such as the child's safety, the child's relationship with each parent, each parent's ability to meet the child's needs, and the stability of each home environment. The ultimate decision on the child's primary residence will be made by the court after considering all relevant factors.