[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.kraayeveld.com\/blog\/child-custody-choose-where-to-live\/#BlogPosting","mainEntityOfPage":"https:\/\/www.kraayeveld.com\/blog\/child-custody-choose-where-to-live\/","headline":"Navigating Child Custody: At Which Age May a Child Choose Where to Live?","name":"Navigating Child Custody: At Which Age May a Child Choose Where to Live?","description":"Parents often ask us \u201cat what age can my child choose with whom they want to live?\u201d. Children may express their preference to spend more time with one parent. Sometimes children ask the question because they are just sad when their time ends at one home, and sometimes, children have a well thought reason for […]","datePublished":"2024-03-01","dateModified":"2026-02-03","author":{"@type":"Person","@id":"https:\/\/www.kraayeveld.com\/blog\/author\/james-kraayeveld\/#Person","name":"James Kraayeveld","url":"https:\/\/www.kraayeveld.com\/blog\/author\/james-kraayeveld\/","identifier":29,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/f327c36375f93cacc1f5818cbd6ca5f9c1c362ddf86682a8d1f0adac2b1f6198?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/f327c36375f93cacc1f5818cbd6ca5f9c1c362ddf86682a8d1f0adac2b1f6198?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Kraayeveld Family Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.kraayeveld.com\/wp-content\/uploads\/2024\/07\/Kraayeveld-Logo.svg","url":"https:\/\/www.kraayeveld.com\/wp-content\/uploads\/2024\/07\/Kraayeveld-Logo.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/www.kraayeveld.com\/wp-content\/uploads\/2024\/03\/child-custody.jpg","url":"https:\/\/www.kraayeveld.com\/wp-content\/uploads\/2024\/03\/child-custody.jpg","height":667,"width":1000},"url":"https:\/\/www.kraayeveld.com\/blog\/child-custody-choose-where-to-live\/","video":[null,{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=7m_78hG8oro#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=7m_78hG8oro","name":"Against All Odds: Winning an Appeal (What are the Odds on Winning an Appeal?)","description":"What are the Odds on Winning an Appeal? 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Here are some tips to manage those fees: https:\/\/www.youtube.com\/watch?v=lK29Owbp0s0\n,\nSocial Link:\nFacebook:https:\/\/www.facebook.com\/kraayeveldlaw\/\nInstagram:https:\/\/www.instagram.com\/kraayeveldlaw\/\nLinkedIn:https:\/\/www.linkedin.com\/company\/kraayeveld-law-offices-p.c.\/\nX:https:\/\/twitter.com\/kraayeveldlaw","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/7m_78hG8oro\/default.jpg","https:\/\/i.ytimg.com\/vi\/7m_78hG8oro\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/7m_78hG8oro\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/7m_78hG8oro\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/7m_78hG8oro\/maxresdefault.jpg"],"uploadDate":"2023-11-18T14:00:07+00:00","duration":"PT3M29S","embedUrl":"https:\/\/www.youtube.com\/embed\/7m_78hG8oro","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCIFBq8W6k05pXgw0k98DZPQ#Organization","url":"https:\/\/www.youtube.com\/channel\/UCIFBq8W6k05pXgw0k98DZPQ","name":"Kraayeveld Family Law","description":"\nGrand Rapids family law attorneys helping clients with divorce and child custody disputes in West Michigan.\n","logo":{"url":"https:\/\/yt3.ggpht.com\/0ucpS3xzwE2Lhnwtcd7eoF0oLwq7VmOIYlMbRuDAMZJdnz1G6W69BDWIvkGPEEHYXHzsdvPDLg=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=7m_78hG8oro#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=7m_78hG8oro#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=7m_78hG8oro&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=7m_78hG8oro#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":146}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=7m_78hG8oro#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":2}]},{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=7_PYxOirZ3Q#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=7_PYxOirZ3Q","name":"Does it Matter Who Files the Divorce First in Michigan?","description":"Are you considering filing for divorce in Michigan? 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Here are some tips to manage those fees: https:\/\/www.youtube.com\/watch?v=lK29Owbp0s0\n\nSocial Link:\nFacebook:https:\/\/www.facebook.com\/kraayeveldlaw\/\nInstagram:https:\/\/www.instagram.com\/kraayeveldlaw\/\nLinkedIn:https:\/\/www.linkedin.com\/company\/kraayeveld-law-offices-p.c.\/\nX:https:\/\/twitter.com\/kraayeveldlaw","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/7_PYxOirZ3Q\/default.jpg","https:\/\/i.ytimg.com\/vi\/7_PYxOirZ3Q\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/7_PYxOirZ3Q\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/7_PYxOirZ3Q\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/7_PYxOirZ3Q\/maxresdefault.jpg"],"uploadDate":"2023-11-10T13:27:59+00:00","duration":"PT4M24S","embedUrl":"https:\/\/www.youtube.com\/embed\/7_PYxOirZ3Q","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCIFBq8W6k05pXgw0k98DZPQ#Organization","url":"https:\/\/www.youtube.com\/channel\/UCIFBq8W6k05pXgw0k98DZPQ","name":"Kraayeveld Family Law","description":"\nGrand Rapids family law attorneys helping clients with divorce and child custody disputes in West Michigan.\n","logo":{"url":"https:\/\/yt3.ggpht.com\/0ucpS3xzwE2Lhnwtcd7eoF0oLwq7VmOIYlMbRuDAMZJdnz1G6W69BDWIvkGPEEHYXHzsdvPDLg=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=7_PYxOirZ3Q#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=7_PYxOirZ3Q#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=7_PYxOirZ3Q&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=7_PYxOirZ3Q#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":72}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=7_PYxOirZ3Q#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":1}]},null],"about":["Custody"],"wordCount":768,"articleBody":"Parents often ask us \u201cat what age can my child choose with whom they want to live?\u201d. Children may express their preference to spend more time with one parent. Sometimes children ask the question because they are just sad when their time ends at one home, and sometimes, children have a well thought reason for asking to spend more time with one parent.Of course, the most important issue to explore is what Michigan law states regarding a child\u2019s right to choose where to live.\u00a0It\u2019s a widely held and incorrect belief that there exists a specific age at which a child holds sole decision-making power in custodial matters. In Michigan, the law holds that a child doesn\u2019t have option to choose until they reach the age of 18. Nevertheless, the courts do consider the child\u2019s reasonable preference if they are of an age where such an expression can be made. The question then arises: what constitutes a \u2018reasonable preference,\u2019 and when is a child considered \u2018sufficient age\u2019?When parents initiate a divorce or child custody proceeding in Michigan, the jurisdiction falls to the Michigan court. This grants the judge the authority to issue orders pertaining to child custody, parenting time, and support.In the process of determining child custody, the court examines\u00a0twelve Best Interest Factors, as detailed in MCL 722.23. One of these factors pertains to the child\u2019s reasonable preference, contingent on their ability to articulate it. In this blog, we\u2019ll delve into this specific best interest factor, and consider when a child is of \u2018sufficient age\u2019.To determine child custody, the court must review the testimony and evidence presented on all twelve best interest factors.\u00a0The court does not have to give equal weight to each factor, and it is in the court\u2019s discretion the amount of weight it gives to each factor.Upon request by a by a parent, the court conducts a private interview with the child, free from the influence of either parent. This conversation is often recorded to maintain a record for potential appeals, though access to the recording isn\u2019t extended to the parents. Consequently, the parents remain uninformed about the child\u2019s discussion, his or her stated preference, and the judge\u2019s findings on the matter.Michigan statute dictates that the court will consider the child\u2019s preference when the child is deemed to be of sufficient age to express preference. The law, however, refrains from specifying a particular age. Instead, the court takes into consideration the child\u2019s chronological age, level of maturity, intellectual capacity, and ability to effectively communicate their reasonable preference. This invariably implies that the older the child, the greater the weight attributed to their stated preference.\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tDuring the court session, one of the parents escorts the child, allowing the judge to meet with them privately. This setting is designed to put the child at ease, enabling the judge to gauge their maturity and their capacity to articulate a well-considered opinion. It\u2019s important to note that Michigan law restricts the judge from delving into other issues, and the judge is restricted to asking about the child\u2019s preference.When a child meets with the judge, one of the parents will bring the child to court and the judge will meet with the child in chambers with neither parent present. This setting is designed to put the child at ease, enabling the judge to gauge their maturity and their capacity to articulate a well-considered opinion.In certain instances, the Friend of the Court or a designated child custody evaluator may assume the responsibility of interviewing the child. Typically, these are seasoned professionals, such as psychologists, attorneys, or social workers, who possess the expertise to assess the child\u2019s maturity.In practical terms, if a child expresses a desire to live with one parent due to discomfort in the custodial home or enticing promises made by the non-custodial parent, the court is likely to become aware of these motivations during both parents\u2019 testimonies concerning the other best interest factors.Even when a child voices a preference to move to the other parent\u2019s residence, an evidentiary hearing is still required. Parents should be prepared to present testimony and evidence addressing all best interest factors.If your child has communicated a reasonable preference to reside with either you or the other parent, it is advisable to consult our child custody attorneys promptly. This will afford you ample time to prepare for an upcoming evidentiary hearing. Feel free to contact us at 616-285-0808 to discuss your situation and schedule a no-obligation consultation."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.kraayeveld.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Navigating Child Custody: At Which Age May a Child Choose Where to Live?","item":"https:\/\/www.kraayeveld.com\/blog\/child-custody-choose-where-to-live\/#breadcrumbitem"}]}]