Can a child choose which parent to live with?
How the answer differs across 7 jurisdictions
AustraliaFull article 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.
IrelandFull article 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.
SingaporeFull article 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.
IndiaFull article 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.
South KoreaFull article 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.
US-CaliforniaFull article 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.
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.
Read Full Articles
AustraliaMy child wants to live with me instead of their other parent. At what age can they decide?
IrelandCan a teenager choose which parent to live with?
SingaporeCan a child choose which parent to live with?
IndiaAt what age can a child choose which parent to live with?
South KoreaCan a minor child choose which parent to live with?
US-CaliforniaCan my child's preference affect the custody decision?
UKWhat does the court consider when deciding children's residence?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.