Q: Is my 16 year old son able to say with which parent he wishes to live-and must this declaration be done in court?
Parenting plan says 50/50 but a situation has arisen in other household that my son does not like and he has expressed he wishes to live full time with me.
A: any child over age 14 can express their preference ( desire) to live with a particular parent, and that is usually done by testifying in court, but that is NOT binding on the Judge. The judge makes the final decision and is not required to follow the juvenile's wishes- the Judge is to decide what is best for the child.
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