i have split legal custody of my now 12 year old son... he now wants to live with his dad and wont give a reason for it ... does he have a choice at his age?
The preference of the child is only one of many factors in determining what's in their best interest and accordingly, how custody should be awarded. A child's preference carries more weight the more mature they become. Judges vary as to when they will hear from a child on their preference so it's impossible to say if the Judge in your case would hear him out or not. As I mentioned previously, however, his preference is not the end all be all and other factors may prove more important.
A child's preference is only one factor a court will consider, and even if a child suddenly changes their mind about who they want to live with, it isn't considered a "material change" the justifies a change in custody by itself. You may wish to ask your child why they suddenly want to live with their father. Maybe it stems from a personal issue you may be able to get counseling for or help them see their father more, if it is agreeable to you, but it likely won't affect a settled custody order by itself.
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. This answer is meant for informational purposes only and should not be construed as legal advice within the bounds of a professional relationship. It is always best to seek counsel with a competent attorney experienced in your area of issue and fully informed about the facts of your case.
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