Can a child choose which parent to live with?

How the answer differs across 7 jurisdictions

AustraliaFull article
The Short Answer

In Australia, there is no fixed age at which a child can independently decide where to live — the court considers their views as one factor among many, with greater weight given as they mature, especially from around 12 years old.

No fixed age
Legal threshold
12+ years
Views weighted more
Section 60CC
Key provision
Best interests
Primary test
The Short Answer

In Ireland, a teenager does not have an automatic legal right to choose which parent to live with, but the court must consider their views if they are mature enough to form an independent opinion.

14+
Age often considered mature
Best interests
Legal test
s. 3
Guardianship Act
1964
Act year
SingaporeFull article
The Short Answer

No, a child in Singapore cannot unilaterally choose which parent to live with — the court decides based on the child’s welfare as the paramount consideration.

Welfare paramou
Legal standard
No fixed age
Child's age limit
s. 3
Relevant section
Cap. 122
Act number
The Short Answer

In India, a child aged 9 years or older can express a preference, but the court decides custody based on the child’s best interests—not the child’s choice alone.

9 years
Minimum age for preference
18 years
Age of majority
Section 17
Guardians and Wards Act
Section 26
HMA custody provision
South KoreaFull article
The Short Answer

In South Korea, a minor child aged 13 or older may express their preference on custody, but the court makes the final decision based on the child’s best interests—not the child’s choice alone.

Age 13+
Child's voice considered
Art. 837-2
Civil Act provision
Best interests
Deciding standard
Court discretio
Final authority
US-CaliforniaFull article
The Short Answer

Yes, your child's preference can affect custody in California, but only if the court finds the child is of sufficient age and maturity to express a reasoned preference — and the judge decides it's in the child's best interest to consider it.

Age 14+
Typical minimum age
Best interest
Legal standard
Reasoned choice
Required maturity
Discretionary
Judge's call
The Short Answer

The court considers the child’s welfare as the paramount concern, guided by the welfare checklist in section 1(3) of the Children Act 1989.

Paramount
Welfare principle
7 factors
Welfare checklist
Child's view
Wishes & feelings
Age 16+
Child's consent matters

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.