What age can children decide where to live?


Our 3 sons live primarly with their mother; this arrangement was decided when the parents separated over 4 years ago. The children are 11 (twins), and 9 and are now asking to live with both parents 50/50. The mother has told the children they have to remain in the home until the age of 18 and have no choice as to where they live. They have no choice as to where they live & can not live with each parent 50% of the time. (keep in mind both parents live with in 5 miles of each other in the same town…)

Am I correct in thinking that in the state of NC that children (over the age of 10)can go to a judge and request what their living arrangements are? I know that in the end the judge makes the final decision based on many factors but the children can speak their opinions before the age of 18?

Thank you for your time & reply!


It is within the judges discretion as to whether or not they wish to hear from the children in any particular case, and if they do, it is privately in chambers. There is no set age limit.