I am not aware any state that leaves it up to the child.each state may differ as to wether and what age a child can express their desires. Contact local counsel to consult
Contact local consel
At the age of 14 the children's reference is given more weight. This does not mean it is automatically do but rather that it will be weighed with best interestd
The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.
In New York, and in all states, an unemancipated child does not make such decisions unilaterally, nor would it be proper to put a child in a situation where they feel the full weight of the decision is on their shoulders. Generally speaking, when a court must make a custody decision the expressed wishes of children at any age will be considered with greater weight being given the wishes of older and more mature children.
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