Children & teens
Frequently asked questions
At what age can children choose which parent they get to live with?
Many people believe that when children turn 12, they can choose which parent will have custody, but this isn't true. If it ends up in court, while the judge may consider the child's wishes when making a custody decision, the child's age doesn't automatically decide the issue. Each case is decided on its own facts. In some cases, judges have considered the preferences of younger children, especially if they appear to be mature and thoughtful for their age. However, the judge must always make the decision in the overall best interests of the child. If the child's wishes are based on poor reasons or there are other, more important facts, the judge may grant custody to the other parent. By the time a child is near adulthood (age 19), judges will usually make a custody order that recognizes the child's preference.
For more information, see the online fact sheet Custody and the booklet Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce.
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