Child Deciding Custody

18…that is to say that the courts decide what is in the “best interest” of the minor child. After 14 yrs of age they can express their opinion about where they want to go but that doesn’t necessarily mean that they will be with that parent full-time.

There is no set age, but while the court may listen to what a child has to say, there is never an age where they get to decide. When they turn 18 they are no longer considered minors and they can live where they choose at that time.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

At what age does a child have a say in whom the custodial parent should be ?