Can My Kid Choose Which Parent to Live With?

It’s a question family lawyers hear all the time—and the answer might surprise you.

In Michigan, there’s no magic age where a child gets to “choose” which parent to live with. But their preference can be considered—depending on age, maturity, and context. Michigan courts follow the statutory best interest of the child factors, and one of those is:

“The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.”

What does that mean?

A 16-year-old may be heard—especially if their reasons are mature.

A 10-year-old who just wants to stay up later at one house? Not so much.

The child’s input is never the only factor—but it can carry weight.

And importantly: Kids are never asked to testify in open court. Judges usually speak with them privately, or via a guardian ad litem.

Bottom line: Your child doesn’t decide—but their voice matters.