The child’s preference is certainly a consideration but it is not a controlling factor. If the child is of suitable age and maturity to express his or preference (there is no established age in North Carolina law when a child is allowed to state a preference), a judge will consider the child’s preference along with all other factors that are relevant to the best interests of the child. You should proceed cautiously in discussing with the child his or preference so the child does not feel that he or she is being asked to choose between parents. If possible, you should first try to reach agreement with the other parent without involving the child in the decision.
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