When Can My Child Decide Where He/she Will Live?

 an age where the child's desires become an
As lawyers we are often asked when a child can"overwhelming consideration."  However, most
decide where  they will live.  Often non-custodialcourts appear to only give great weight to
parents count on being able to change custodychildren who are approaching the age of
when their children decide that they wish to liveemancipation or, younger children, if their desires
with them.  The short answer to the question isalso lad to the possibility of conflict in the current
that, technically, children never have the final saycustodial home or the thereat that the child m ay
with regard to custody.  Instead, children whorun away from that home.  As some district
are deemed of suitable age and maturity by acourt Judges have opined, at some age children
court to express a preference my do so, butmay begin to vote with their feet. 
their opinions are just one factor among manyUltimately, although a Court may give greater
that a court must consider. weight to the desires of an older child, that
However, case law has given some addedpreference is still not dispositive and the court
strength to  the desires of children with regardmust still analyze whether there has been a
to custody.  In the Minnesota Court of Appealsthreshold showing for a change of custody such
case Ross v. Ross, 477 N.W.2d 753 (Minn.App.as endangerment and whether the change of
1991), the court states that the preference of ancustody is in the child's best interests.  It is also
"older teenage child" can be compelling. critical to note that such stated preferences of a
Specifically, the court stated that an older child'schild  will also be analyzed to determine if the
desires should be considered as an stated preference is the product of manipulation
"overwhelming consideration" with regard toby a non-custodial parent.
custody placements.  The court does not specify