There is no specific age when a child can decide where he/she will live; it depends on the age and maturity of the child and the circumstances of the case. The court can consider the child’s preference if it finds that the child is old enough and sufficiently mature to reason so that the child can form an intelligent preference as to custody.

How the child’s preference is presented is left to the discretion of the court. The Family Code gives the court control over the examination of a child witness so as to protect the best interests of the child. The court can preclude the calling of the child as a witness where the best interests of the child dictate and may provide alternative means of obtaining information regarding the child's preferences. For example, the court can appoint a mental health professional to conduct an evaluation of the child and report back to the court.

^{-Glen L Rabenn, Certified Family Law Specialist}