The mother is the custodial parent
Divorce / Separation Lawyer
You can file a motion to confer (which means your child will talk with the judge or social services to express their preference) when the child is 10-- however, that doesn't mean it will be granted. It's up to the judge's discretion until the child is 12, when the judge has to let your child express their preference. However, this still has to be in the best interest of the child to warrant a custody modification.