A minor (child under the age of 18) cannot choose which parent to live with. Child custody issues are determined by the "best interest factors." However, the Court can take the child's preference into consideration. In order to change your current custody order, you must file for a modification. You cannot request a modification without first demonstrating that there has been a change in circumstances that warrants modifying custody. See the link below the disclaimer for more information and court forms.
DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com
The only way that the child can determine which parent he/she wants to live with is if the parents agree that the child can live with one parent over the other. This means that both of you would have to agree that the child can live with you instead of the mother. If that doesn't happen, then your only retort is to file a child custosy modification with the court.
DISCLAIMER: This answer is provided for informational purposes only and does not constitute legal advice. No attorney-client relationship has been established based on this answer. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.dinehartlawoffice.weebly.com
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