Child Custody Preference Age by State
When parents cannot agree on custody, a judge decides based on the best interests of the child. One factor courts may look at is what the child wants. State law decides whether a child's wishes are considered at all, how much weight they get, and whether a child of a certain age can choose which parent to live with.
49 states and DC compared. Last checked .
At a glance
- Age named in statute: range
- age 12 to age 16
- Across the 11 jurisdictions with a single statewide figure.
- Preference can be decisive
- 1 of 48
- States and DC where the answer is yes or yes in some cases.
Compare child custody preference laws
States handle this in different ways. Some statutes name a specific age at which a child's preference must be heard or carries more weight. Others list the child's wishes as one factor among many and leave it to the judge to decide how mature the child is, and in a few states the rule comes mainly from court decisions. Even where an age is named, the court usually keeps the final say over what serves the child.
50 of 50 shown
| How the preference is weighed | Sources | |||
|---|---|---|---|---|
| AKAlaska | No age named | Considered if child has sufficient age and capacityOne of the best interests factors the court weighs. | No, one factor among many | |
| AZArizona | No age named | Considered if child is of suitable age and maturityApplies to legal decision-making and parenting time. | No, one factor among many | |
| ARArkansas | No age named | May be considered if child can reasonCourt may consider it when the child has sufficient age and mental capacity to reason, regardless of chronological age. | No, one factor among many | |
| CACalifornia | 14 (right to address the court) | Given due weight if child can form an intelligent preferenceIf the child is kept off the stand, the court must get the child's input another way. | No, due weight but not binding | |
| COColorado | No age named | Considered if child is sufficiently matureChild must be able to express reasoned and independent preferences. | No, one factor among many | |
| CTConnecticut | No age named | Informed preferences may be consideredListed among factors the court may consider in custody orders. | No, one factor among many | |
| DEDelaware | No age named | Child's wishes are a required best interests factor | No, one factor among many | |
| DCDistrict of Columbia | No age named | Considered where practicable | No, one factor among many | |
| FLFlorida | No age named | Reasonable preference considered if child is mature enoughOne of the factors for the parenting plan and time-sharing. | No, one factor among many | |
| GAGeorgia | 14 (presumptive choice), 11 to 13 considered | Presumptive at 14 and considered at 11 to 13For ages 11 to 13 the judge has complete discretion and the best interests standard controls. | Conditional: presumptive at 14 unless not in best interests | |
| HIHawaii | No age named | Considered and given due weight if child can reason | No, one factor among many | |
| IDIdaho | No age named | Child's wishes are one best interests factor | No, one factor among many | |
| ILIllinois | No age named | Weighed by child's maturity and reasoningListed as a factor for allocating parenting time. | No, one factor among many | |
| INIndiana | 14 (more weight) | More consideration at 14 and olderOne of the best interests factors for custody. | No, one factor among many | |
| IAIowa | No age named | Wishes or strong opposition weighed by age and maturity | No, one factor among many | |
| KSKansas | No age named | Considered if child has sufficient age and maturity | No, one factor among many | |
| KYKentucky | No age named | One best interests factorCourts consider the child's wishes about a custodian, giving due consideration to a parent's or de facto custodian's influence over those wishes. | No, one factor among many | |
| LALouisiana | No age named | Factor if child is of sufficient ageThe reasonable preference of the child is one of the best interest factors in Civil Code art. 134(A), considered if the court deems the child old enough. | No, one factor among many | |
| MEMaine | No age named | Factor if old enough for a meaningful preferenceThe child's preference is one of the factors the court weighs in awarding parental rights and responsibilities. | No, one factor among many | |
| MDMaryland | 16 (may petition to change custody) | Factor if age appropriateFam. Law 9-201 lets the court consider the child's preference, if age appropriate, among its listed factors, and requires findings on each factor. | No, one factor among many | |
| MAMassachusetts | No age named | Factor, treated with cautionCase law allows judges to consider a child's stated preference, but it must be treated with caution and a younger child's preference is not given decisive weight. | No, not decisive for a younger child | |
| MIMichigan | No age named | Factor if child is of sufficient ageFactor (i) of the Child Custody Act's best interest list. | No, one factor among many | |
| MNMinnesota | No age named | Factor if mature enough for a reliable preferenceOne of the best interest factors in Minn. Stat. 518.17, subd. 1. | No, one factor among many | |
| MSMississippi | 12 (may be considered) | May be considered at 12; reasons on recordThe chancellor must explain in detail why the child's wishes were or were not honored. | No, the court decides | |
| MOMissouri | No age named | Child's input is one factorFactor (8) of Mo. Rev. Stat. 452.375.2: the unobstructed input of a child, free of coercion and manipulation. | No, one factor among many | |
| MTMontana | No age named | One best interest factorThe wishes of the child are listed among the relevant parenting factors in Mont. Code Ann. 40-4-212(1). | No, one factor among many | |
| NENebraska | No age named | Factor if based on sound reasoningConsidered if the child is of an age of comprehension and the wishes rest on sound reasoning. | No, not controlling | |
| NVNevada | No age named | Factor if able to form an intelligent preferenceThe court must set forth specific findings on this factor among the best interest factors. | No, one factor among many | |
| NHNew Hampshire | No age named | Substantial weight if matureMaturity must be shown by clear and convincing evidence; the court also considers whether the preference reflects improper influence. | No, substantial weight but not binding | |
| NJNew Jersey | No age named | Factor if able to form an intelligent decisionOne of the custody factors in N.J. Stat. Ann. 9:2-4(c). | No, one factor among many | |
| NMNew Mexico | 14 (must be considered) | Must be considered at 14 or olderThe wishes of the child as to a custodian are also one of the general best interest factors. | No, must be considered but not binding | |
| NYNew York | No age named | Factor weighed by age and maturityCourts consider the child's age and maturity and the potential for influence exerted on the child. | No, not controlling | |
| NCNorth Carolina | No age named | Considered, not controllingCase law gives the wishes of a child of sufficient age considerable weight in a contest between parents, but not controlling weight. | No, not controlling | |
| NDNorth Dakota | No age named | Substantial weight if child shown matureMaturity must be shown by clear and convincing evidence, and the court considers whether the preference was improperly influenced. | No, one factor among many | |
| OHOhio | No age named | One factor, heard in a chambers interviewThe court must interview the child in chambers on either party's request, first decides the child's reasoning ability, and may not accept a written or recorded statement of the child's wishes. | No, one factor among many | |
| OKOklahoma | 12 (presumed able to state a preference) | Must be considered if child can form a preferenceThe court first decides whether letting the child express a preference serves the child's best interest, and may interview the child privately in chambers. | No, the court decides | |
| OROregon | No age named | Not a listed statutory factorORS 107.137 does not list the child's wishes; ORS 107.425(7) lets the court take testimony from or confer with the child. | No, no single factor decides | |
| PAPennsylvania | No age named | One factor if well reasonedSafety related factors (paragraphs (1), (2), (2.1) and (2.2)) get substantial weighted consideration; the preference factor does not. | No, one factor among many | |
| RIRhode Island | No age named | One factor if child mature enough (case law)Under Pettinato v. Pettinato, courts weigh the reasonable preference of a child of sufficient intelligence, understanding and experience. | No, no single factor decides | |
| SCSouth Carolina | No age named | Must be considered, weight varies by maturity | No, one factor among many | |
| SDSouth Dakota | No age named | May be considered if child can form intelligent preference | No, one factor among many | |
| TNTennessee | 12 (preference considered) | One factor; older children get more weight | No, one factor among many | |
| TXTexas | 12 (chambers interview on request) | Heard in chambers interview; court keeps discretionApplies in nonjury trials and hearings; the court must make a record of the interview of a child 12 or older on motion. | No, the court decides | |
| UTUtah | 14 (added weight) | Added weight at 14 and older, not controllingAny interview by the court is held in camera. | No, not controlling | |
| VTVermont | No age named | Not a listed statutory factorThe court must consider at least the listed factors; the child's preference is not one of them. | Not listed | |
| VAVirginia | No age named | One factor if child is mature enough | No, one factor among many | |
| WAWashington | No age named | One factor if child is sufficiently matureThe strongest weight goes to the child's relationship with each parent (factor i). | No, one factor among many | |
| WVWest Virginia | 14 (factor against 50-50 presumption) | Factor in rebutting 50-50 presumption | No, one factor among many | |
| WIWisconsin | No age named | One factor, may be shared through a GALThe guardian ad litem must consider, but is not bound by, the child's wishes (Wis. Stat. 767.407(4)). | No, one factor among many | |
| WYWyoming | No age named | Not a listed factor; court may weigh other factorsW.S. 20-2-201(a)(xi) lets the court consider any other factors it deems necessary and relevant. | Not listed |
Alabama is not listed because we could not confirm the current rule from the statute text.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
What this means in practice
A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.
Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.
Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.
Child Custody Preference Age: state by state
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Frequently asked questions
Can a child choose which parent to live with?
In general, a child does not get the final decision. Courts decide custody based on the child's best interests, and the child's wishes are one factor. Some states give a preference from a child of a named age special weight, but a judge can usually still decide otherwise.
Is there one age when a child's custody preference counts?
No single national age exists. Each state sets its own rule. Some statutes name an age, while most states look at the child's maturity and ability to give a reasoned opinion instead of a set age.
How does a judge learn what the child wants?
Common methods include a private interview with the judge, a report from a guardian ad litem or custody evaluator, or, less often, testimony in court. The method depends on state law, local rules and the judge.
Can a custody order change if an older child's preference changes?
A change in a child's wishes may support a request to modify custody, especially as the child grows older. The parent asking for the change usually must show that a modification would serve the child's best interests.
Which states have the highest and lowest age named in statute?
Among the 11 jurisdictions with a single statewide figure, age named in statute ranges from age 12 (Mississippi, Oklahoma, Tennessee and Texas) to age 16 (Maryland). The most common figure is age 14 (6 jurisdictions). Check each state's page for exceptions.