What if the child decides he or she wants to live with the
other parent?
The child's preference for a change of primary residential
parent will not, by itself, constitute a sufficient cause for modification.
Even if a child's feelings are very strong, the child's preference will be just
one factor. Obviously if the child is older, the court will give more weight to
the child's preference. The court may well question the child's motive or
inquire as to whether inducements have been made by the parent. Also, a court
will not look favorably at either parent allowing a child, especially a
teenager, to use this leverage to gain an advantage or avoid discipline at the
more strict parent's home.
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